CASE COMMENTS: PROCEDURE - EC LAW - CARTELS - ECSC TREATY - RES JUDICATA

Right to be heard - Res judicata: The CFI annuls an European Commission decision for violation of the right to be heard without it constituting an acquittal (ThyssenKrupp Stainless)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 1 July 2009, ThyssenKrupp Stainless v Commission, Case T 24/07 . Participants in a cartel cannot escape fines for procedural reasons." This clear message from the Competition Commissioner, launched on 30 September 2009, when he announced the sanctions imposed on the members of the concrete reinforcing bar cartel (IP/09/1989), is based on the well-established case law of the CFI and the Court. Apart from the limitation period, neither the expiry of the ECSC Treaty nor the ne bis in id em principle precludes this principle. In 1998 the Commission had sanctioned under the ECSC competition rules several participants in the stainless steel cartel,

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  • European Court of Justice (Luxembourg)

Quotation

Pascal Cardonnel, Right to be heard - Res judicata: The CFI annuls an European Commission decision for violation of the right to be heard without it constituting an acquittal (ThyssenKrupp Stainless), 1 July 2009, Concurrences N° 4-2009, Art. N° 29300, pp. 177-178

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