CASE COMMENTS: CARTELS – EUROPEAN UNION – PRICE AGREEMENT – IMPUTABILITY – INDIVIDUALISATION OF THE FINES

Fine : The General Court of the European Union annuls the decision of the European Commission relating to a cartel in the food packaging market due to a failure to state reason in the assessment of the ability to pay of one company but dismisses the other applications for annulment while clarifying its case law regarding the presumption of control in a group of companies (Huhtamäki, Italmobiliare, CCPL, Silver Plastics and Johannes Reifenhäuser)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A sector in crisis is undoubtedly a fertile ground for bringing together competing companies. For some companies, freeing themselves from the constraints of the market sometimes stems from a survival instinct, hoping that the Commission will be relatively benevolent in the event of sanctions. The cases reported here, which concern a cartel in the food packaging sector in Europe, are a further illustration of this. A cartel of which we have already had occasion, in these columns, to deal with one of its aspects following the rejection in the Coveris case of a first action brought by the company of the same name (on the Coveris case and the principle of

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Fine : The General Court of the European Union annuls the decision of the European Commission relating to a cartel in the food packaging market due to a failure to state reason in the assessment of the ability to pay of one company but dismisses the other applications for annulment while clarifying its case law regarding the presumption of control in a group of companies (Huhtamäki, Italmobiliare, CCPL, Silver Plastics and Johannes Reifenhäuser), 11 July 2019, Concurrences N° 4-2019, Art. N° 92326, pp. 84-86

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