Sanction: The Court of Justice of the European Union considers that Union law precludes legislation which requires the national competition authority to take account of the undertaking’s turnover as shown in its accounts without having the possibility of examining evidence put forward by the undertaking to show that that turnover does not reflect its true economic situation (Zenith Media Communications)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On November 10, 2022, the Court of Justice of the Union issued a judgment in Case C-385/21 (Zenith Media Communications SRL, v. Consiliul Concurenţei) following a request for a preliminary ruling from the Romanian High Court of Cassation and Justice in a dispute between Zenith Media Communications SRL and the Romanian Competition Council regarding a decision imposing a fine on that company for infringement of competition law The question referred concerns the interpretation of Article 4(3) TEU and Article 101 TFEU in the light of the principle of proportionality. In 2014, the Romanian Competition Council, finding that several companies offering

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Sanction: The Court of Justice of the European Union considers that Union law precludes legislation which requires the national competition authority to take account of the undertaking’s turnover as shown in its accounts without having the possibility of examining evidence put forward by the undertaking to show that that turnover does not reflect its true economic situation (Zenith Media Communications), 10 November 2022, Concurrences N° 4-2022, Art. N° 109722, www.concurrences.com

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