ARTICLES: EUROPEAN UNION - CARTELS - FINES - ANNULMENT - COMPETITION POLICY

Readoption by the European Commission of cartel decisions annulled on procedural grounds by the EU courts

This paper deals with the readoption by the European Commission of decisions imposing fines on undertakings found to have participated in cartels in violation of Article 101 TFEU (cartel decisions) following the annulment of those decisions by the EU courts (General Court and Court of Justice) on procedural grounds. The paper gives an overview of the cases in which such readoption has taken place and analyses the applicable legal principles and policy considerations.

I. Introduction: Commission decisions and their review by the EU courts 1. This paper deals with the readoption by the European Commission of decisions imposing fines on undertakings found to have participated in cartels in violation of Article 101 TFEU (cartel decisions) following the annulment of those decisions by the EU courts (General Court and Court of Justice) on procedural grounds. 2. Article 101 TFEU prohibits agreements between undertakings that may affect trade between EU Member States and restrict competition without redeeming virtue, [1] including in particular cartels. [2] 3. Regulation 1/2003, [3] the main regulation giving effect to Article 101 TFEU, entrusts both the European Commission and the competition authorities of the EU Member States (national competition

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  • King’s College (London)

Quotation

Wouter Wils, Readoption by the European Commission of cartel decisions annulled on procedural grounds by the EU courts, September 2021, Concurrences N° 3-2021, Art. N° 101369, pp. 63-76

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