Any company or organisation that finds itself as the ‘middle man’ in contacts between competitors or which has dealings with such a middleman must take care, as a flurry of recent EU cases has demonstrated. Any company that directly facilitates those contacts is in very dangerous waters indeed. Cartel Facilitation In AC Treuhand, the European…

If the recent Wahl opinion could have instilled some doubts about the responsibility of cartel facilitators under Article 101 of the Treaty on the Functioning of the European Union (TFEU),1)Advocate General Wahl Opinion, AC Treuhand v Commission, ECLI:EU:C:2015:350 the debate has been brought to an end with the Court of Justice of the European Union’s…

Co-authored by Patrick Harrison and Lara Kaplan, Sidley Austin LLP. The European Commission (“Commission”) introduced its settlement procedure for cartel cases back in 2008.1)Commission Regulation (EC) No 662/2008 of 30 June 2008 amending Regulation No 773/2004, as regards the conduct of settlement procedures in cartel cases (OJ 2008 L171) (“the Settlements Notice”).  The main aims? …

The Polish Competition Authority, which is the President of the Office of Competition and Consumer Protection (the “PCA”), has announced that, starting from 1 September 2015, it will be issuing statements of objections to undertakings and will set up an internal evaluation committee. These new tools are, in PCA’s own words, designed to “strengthen procedural…

On 9 July 2015, the Court of Justice of the European Union (“ECJ”) issued an important judgment1)Case C-231/14P – InnoLux v European Commission, judgment of 9 July 2015. concerning the basis on which cartel fines by the European Commission should be calculated for vertically integrated companies. The judgment endorses the power of the European Commission…

The Competition and Markets Authority (“CMA”) has recently published its draft Annual Plan for 2015/2016, its second year of operation after assuming the functions of the Competition Commission and the competition functions of the Office of Fair Trading (“OFT”) on 1 April 2014. Together with a Strategic Assessment of the risks that consumers and markets…

Co-authored by Jay Modrall and Shan Hu. The authors of this article would like to thank Marc Waha, partner at Norton Rose Fulbright, for his insightful comments. 1 Introduction The Chinese National Development and Reform Commission (NDRC) has recently stepped up its cartel enforcement activities and for the first time has published non-confidential versions of…

On 10 June 2014, the Polish Parliament adopted a significant set of amendments to the Polish Competition Law Act (the “Act”). Having received Presidential approval on 30 June 2014, the amended Act is now waiting for publication. The changes are expected to come into force relatively soon. The amendments will take effect 6 months after…

Co-authored by Nicola Boyle, Tom Bolster and Boris Bronfentrinker, Hausfeld On 5 June 2014, the Court of Justice of the European Union (ECJ) clarified the full extent of cartel damages that can be recovered in Europe. The ECJ ruled that the civil liability of cartelists also extends to so-called “umbrella pricing”. This term describes pricing…

The judgement in Commission v EnBW (C-365/12, 27 February 2014) has already awakened a lot of interest. The facts are very simple. EnBW, an energy-distribution company requires access to the cartel file documents related to the prosecution of a number of GIS producers in 2007 and the Commission rejects this application. Following the action for…