CASE COMMENT : PROCEDURE - SETTING OF FINES – LEGALITY OF THE GUIDELINES – COMPETENCE OF THE EUROPEAN COMMISSION

Setting of fines: The Court of Justice confirms that the European Commission has competence to adopt guidelines to set fines and reminds that the notion of undertaking has its own definition under competition law (Schindler)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Intervening on appeal, the Court was called upon in the present case, inter alia, to rule on the European Commission's power to impose fines and to fix their amount under the competition rules, in particular its power to adopt guidelines on the calculation of fines. The Court was also called upon to clarify the extent of the joint and several liability of a holding company for anti-competitive practices implemented by its subsidiaries. Before the Court of First Instance of the European Union, several companies of the Schindler group, including the holding company, had failed to obtain the annulment of the Commission's decision sanctioning a cartel in the

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Alexandre Lacresse, Setting of fines: The Court of Justice confirms that the European Commission has competence to adopt guidelines to set fines and reminds that the notion of undertaking has its own definition under competition law (Schindler), 18 July 2013, Concurrences N° 4-2013, Art. N° 59360, p. 138

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