The EU Court of Justice dismisses an appeal in a cartel of power cable, confirming no infringement of the claimant’s rights of defence (Brugg / LS Cable)

On 28 November 2019, the European Court of Justice ("ECJ") handed down judgments in three appeals against General Court judgments that had dismissed actions challenging the European Commission's ("Commission") power cables cartel decision. Leniency applicant ABB's appeal was partially upheld, while Brugg and LS Cable & System's appeals were dismissed in their entirety. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The presumption of innocence will not be breached where an undertaking's participation in a cartel is found to be very slightly earlier than the date of the first piece of precise evidence. Participation in one meeting can be sufficient to presume participation in the cartel and that presumption can,