Competition – European Market for Smart Card Chips – Opinion – Appeal – Agreements, decisions and concerted practices – European market for smart card chips – Network of bilateral contacts with the aim of coordinating the response to clients seeking to obtain price reductions – Dispute over authenticity of evidence – Scope of judicial review – Unlimited jurisdiction

Citations:

ECLI:EU:C:2018:238, [2018] EUECJ C-99/17P – O

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 07 April 2022; Ref: scu.608638

ECJ Competition – Concentrations – Book publishing market – Decision declaring the concentration compatible with the common market subject to retrocession of assets – Decision approving the acquirer of the assets transferred – Decision taken following the annulment by the General Court of the original decision concerning the same procedure – Interest in bringing proceedings – Infringement of Article 266 TFEU – Lack of knowledge of the commitments imposed by the conditional authorization decision – Distinction between conditions and charges – Principle of non-retroactivity – Assessment of the assignee’s application – Independence of the assignee in relation to the assignor – Misuse of powers – Obligation to state reasons

Citations:

[2014] EUECJ T-471/11, ECLI:EU:T:2014:739

Links:

Bailii

Jurisdiction:

European

Citing:

Order – Editions Jacob v Commission T-471/11 ECFI 24-Nov-2011
(Competition) Merits – Competition – Concentration of undertakings – Decision declaring the concentration compatible with the common market subject to retrocession of assets – Annulment by the General Court of the initial decision concerning the . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 07 April 2022; Ref: scu.608296

Market Manipulation – Penalties – Judgment

Citations:

C-537/16, [2018] EUECJ C-537/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 06 April 2022; Ref: scu.606494

ECJ Appeal – Agreements, decisions and concerted practices – Articles 81 EC and 53 of the EEA Agreement – Monochloroacetic acid market – Rules on the imputability of anti-competitive practices by a subsidiary to its parent company – Presumption of the effective exercise of a determining influence – Rights of the defense – Obligation to state reasons

Citations:

[2011] EUECJ C-521/09

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Elf Aquitaine v Commission ECJ 17-Feb-2011
ECJ (Competition) Appeal – Cartels – European monochloroacetic acid – Rules relating to the accountability of anticompetitive practices of a subsidiary to its parent – the presumption of innocence and personality . .

Cited by:

See Also – Elf Aquitaine v Commission ECJ 1-Oct-2013
Taxation of costs . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 06 April 2022; Ref: scu.606449

Judges:

Phillips J

Citations:

[2018] EWHC 355 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 06 April 2022; Ref: scu.606417

Competition – Judgment -Appeal – Competition – Agreements, Article 101 TFEU – Price fixing – International air transit services – Pricing agreement affecting the final price of services

Citations:

ECLI:EU:C:2018:56, [2018] EUECJ C-261/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604726

(Competition – Judgment) Reference for a preliminary ruling – Public procurement – Articles 49 and 56 TFEU – Directive 2004/18/EC – Reasons for exclusion from a tendering procedure – Insurance services – Participation of several Lloyd’s of London syndicates in the same tendering procedure – Signature of tenders by the Lloyd’s of London General Representative for the country concerned – Principles of transparency, equal treatment and non-discrimination – Proportionality

Citations:

ECLI:EU:C:2018:78, [2018] EUECJ C-144/17

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604729

Competition – Price Fixing – Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFUE – Price fixing – International air freight forwarding services – Tariff agreement affecting the final price of services

Citations:

C-271/16, [2018] EUECJ C-271/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604731

Competition – Price Fixing – Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Price fixing – International air freight forwarding services – Pricing agreement affecting the final price of the services

Citations:

ECLI:EU:C:2018:58, [2018] EUECJ C-263/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604737

Competition – State Aid Competition : Judgment

Citations:

T-747/15, [2018] EUECJ T-747/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604676

Competition – Agreements, Decisions and Concerted Practices – Medicinal Products : Judgment

Citations:

C-179/16, [2018] EUECJ C-179/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604679

Freedom of Establishment – Freedom To Provide Services Approximation of Laws – Reference for a preliminary ruling – Public works contracts – Directive 2004/18/EC – Article 45(2) and (3) – Conditions for exclusion from participation in public procurement – Declaration regarding the absence of convictions of former directors of the tendering company – Criminal conduct of a former director – Criminal conviction – Actual and complete dissociation between the tendering company and that director – Evidence – Assessment by the contracting entity of the requirements relating to that obligation

Citations:

C-178/16, [2017] EUECJ C-178/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 02 April 2022; Ref: scu.602096

European Union Public Contracts – Freedom To Provide Services – Appeal – Public services contracts – Provision of external services for programme and project management and technical consultancy in the field of information technologies – Cascade procedure – Weighting of sub-criteria within the award criteria – Principles of equal opportunity and transparency – Manifest errors of assessment – Failure to state reasons – Loss of opportunity – Non-contractual liability of the European Union – Claim for damages

Citations:

C-677/15, [2017] EUECJ C-677/15P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 02 April 2022; Ref: scu.602085

Competition – State Aid – Appeal – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanised areas – Subsidies granted to operators of digital terrestrial television platforms – Decision declaring the aid incompatible in part with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – Discretion of the Member States

Citations:

C-70/16, [2017] EUECJ C-70/16P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 02 April 2022; Ref: scu.602077

Challenge to the lawfulness of a competitive procurement process carried out by the defendant in respect of a contract for global port, maritime and other logistical support services for the Royal Navy.

Citations:

[2017] EWHC 3389 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 02 April 2022; Ref: scu.601879

(Law Relating To Undertakings) Failure of a Member State to fulfil obligations Directive 93/38/EEC Public contracts in the water, energy, transport and telecommunications sectors Award of a contract without a prior call for competition Conditions Communication of the reasons for the rejection of a tender Time-limits

Citations:

[2009] EUECJ C-250/07

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Greece C-250/07 ECJ 17-Dec-2008
ECJ Law Relating To Undertakings – Opinion – The action was brought by the European Commission against Greece regarding a public procurement contract in relation to a power station on the island of Crete. The . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 02 April 2022; Ref: scu.601128

Failure of a Member State to fulfil obligations Directives 93/36/EEC and 93/42/EEC Public contracts Procedures for the award of public supply contracts Hospital supplies

Citations:

[2009] EUECJ C-489/06

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Greece C-489/06 ECJ 20-Nov-2008
(Law Relating To Undertakings) Opinion – Failure of a Member State to fulfil obligations Free movement of goods Directives 93/36/EEC and 93/42/EEC Hospital purchase of medical devices bearing the CE marking Protective measures Public supply contract . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 02 April 2022; Ref: scu.601129

Competition – Agreements, Decisions and Concerted Practices – Yen Interest Rate Derivatives Sector : Judgment – – Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates – Restriction of competition by object – Participation of a broker in the infringements – ‘Hybrid’ settlement procedure – Principle of the presumption of innocence – Principle of sound administration – Fines – Basic amount – Exceptional adjustment – Article 23(2) of Regulation (EC) No 1/2003 – Obligation to state reasons

Citations:

T-180/15, [2017] EUECJ T-180/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.599681

Judgment – Public supply contracts – Tender procedure – Supply of an accelerated grid power supply conversion system – Rejection of tender offer – Transparency – Legal certainty – Equal treatment – Proportionality

Citations:

T-668/15, [2017] EUECJ T-668/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.599683

Judgment – Appeal – Competition – Agreements, decisions and concerted practices – European airfreight market – Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services – Defective statement of reasons – Plea involving a matter of public policy raised by the EU courts of their own motion – Prohibition on ruling ultra petita – Form of order set out in the application at first instance seeking the partial annulment of the decision at issue – The General Court of the European Union prohibited from annulling the decision at issue in its entirety – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy

Citations:

ECLI:EU:C:2017:861, [2017] EUECJ C-122/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.599669

Competition – Agreements, Decisions and Concerted Practices : Judgment

Citations:

C-454/16, [2017] EUECJ C-454/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.598860

Citations:

[2016] CAT 25

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598432

Citations:

[2016] CAT 24

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598430

Citations:

[2016] CAT 23

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598431

Citations:

[2013] CAT 27

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598427

Citations:

[2013] CAT 26

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598426

Citations:

[2013] CAT 29

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598424

Citations:

[2013] CAT 30

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Groupe Eurotunnel SA v Competition Commission CAT 30-Aug-2013
. .

Cited by:

See Also – Groupe Eurotunnel SA v Competition and Markets Authority CAT 9-Jan-2015
Judgment . .
See Also – The Societe Cooperative De Production Seafrance SA v Competition and Markets Authority (Ruling (Permission To Appeal) CAT 20-Jan-2015
. .
See Also – Societe Cooperative De Production Seafrance Sa v Competition and Markets Authority CA 15-May-2015
The company appealed against the rejection of its challenge to a decision that the conditions had arisen allowing the defendant to intervene in its purchase of certain shares in a rival cross channel ferry company. he question was whether part of . .
See Also – Societe Cooperative De Production Seafrance SA v Competition and Markets Authority CA 10-Jul-2015
The CA had earlier allowed an appeal by the company to hold the respondent’s decsion wrong that an event had occurred allowing it to intervene in the acquisition of a competitor’s assets. Leave to appeal to the Supreme Court remained pending, but . .
Cited – Societe Cooperative De Production Seafrance Sa v The Competition and Markets Authority and Another SC 16-Dec-2015
The CMA had decided to intervene in purchases by the appellant from a competitor when it ceased trading.The French court had ordered the sale of the assts.
Held: UK law distinguishes between the acquisition of assets constituting a business . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 01 April 2022; Ref: scu.598428

Citations:

[2016] CAT 22

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598429

Citations:

[2013] CAT 28

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 April 2022; Ref: scu.598425

Procurement challenge brought by CEMEX against a decision of the defendant, National Rail Infrastructure Limited (‘NR’), to award a major contract concerning the manufacture and supply of railway sleepers

Judges:

Coulson J

Citations:

[2017] EWHC 2392 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 30 March 2022; Ref: scu.595939

Competition – Agreements, Decisions and Concerted Practices : Judgment – Appeal – Agreements, decisions and concerted practices – Italian producers of reinforcing bars – Fixing of prices and limiting and controlling output and sales – Infringement of Article 65 CS – Annulment of the initial decision by the General Court of the European Union – Decision re-adopted on the basis of Regulation (EC) No 1/2003 – Failure to issue a new statement of objections – Lack of a hearing following the annulment of the initial decision – Time taken in the proceedings before the General Court

Citations:

ECLI:EU:C:2017:713, [2017] EUECJ C-89/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 30 March 2022; Ref: scu.595408

Appeal – Project supported by the European Union in Bosnia and Herzegovina – Contracts concluded between the Commission and a consortium and between the consortium and experts – Commission’s administrative order amending its contract with the consortium – Action for annulment of that administrative order brought by one of the experts – Admissibility – Action for damages – Non-contractual liability of the Union – Causal link between the Commission’s administrative order and the damage allegedly suffered by that expert)

Judges:

J-J Kasel, P

Citations:

C-433/10, [2011] EUECJ C-433/10P, ECLI:EU:C:2011:204

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 30 March 2022; Ref: scu.594602

Grand Chamber – Appeal- Article 102 TFEU – Abuse of a dominant position – Loyalty rebates — Commission’s jurisdiction – Regulation (EC) No 1/2003 – Article 19

Citations:

[2017] EUECJ C-413/14, C-413/14

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Intel Corporation Inc v European Commission – Opinion ECJ 6-Sep-2017
Opinion – Appeal – Article 102 TFEU – Abuse of dominant position – Loyalty rebates – Classification as abuse – Applicable legal test – Single and continuous infringement – Rights of the defence – Article 19 of Regulation (EC) No 1/2003 – Interview . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 29 March 2022; Ref: scu.593579

Opinion – Appeal – Article 102 TFEU – Abuse of dominant position – Loyalty rebates – Classification as abuse – Applicable legal test – Single and continuous infringement – Rights of the defence – Article 19 of Regulation (EC) No 1/2003 – Interview relating to the subject matter of an investigation – Jurisdiction of the Commission – Implementation – Effects

Judges:

Wahl AG

Citations:

C-413/14, [2017] EUECJ C-413/14 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Intel Corporation Inc v European Commission (Judgment) ECJ 6-Sep-2017
Grand Chamber – Appeal- Article 102 TFEU – Abuse of a dominant position – Loyalty rebates — Commission’s jurisdiction – Regulation (EC) No 1/2003 – Article 19 . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 29 March 2022; Ref: scu.593576

Competition – Concentrations Between Undertakings : Judgment – Reference for a preliminary ruling – Competition – Concentrations between undertakings – Regulation (EC) No 139/2004 – Article 3(1)(b) and (4) – Scope – Definition of ‘concentration’ – Change in the form of control of an existing undertaking which, previously exclusive, becomes joint – Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity

Citations:

C-248/16, [2017] EUECJ C-248/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 March 2022; Ref: scu.593580

Reason as to decision on strike out application.
Held: There was no purpose in continuing with the Original Claim because it could not result in any remedy in the Claimant’s favour and that the statement of case should therefore be struck out

Judges:

Jefford J

Citations:

[2017] EWHC 1867 (TCC)

Links:

Bailii

Statutes:

Public Contracts Regulations 2015

Jurisdiction:

England and Wales

Commercial

Updated: 29 March 2022; Ref: scu.593117

Appeals Agreements, decisions and concerted practices Carbonless paper Inconsistency between the statement of objections and the contested decision Infringement of the rights of the defence Consequences Distortion of the clear sense of the evidence – Participation in the infringement Duration of the infringement Regulation No 17 Article 15(2) Guidelines on the method of setting fines Principle of equal treatment Principle of proportionality – Obligation to state the reasons on which the decision is based Reasonable period for duration of proceedings before the Court of First Instance)

Citations:

[2009] EUECJ C-338/07

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Papierfabrik August Koehler v Commission (Competition) C-338/07 ECJ 2-Apr-2009
Opinion – Appeals Agreements Carbonless paper market Article 81 EC Inconsistency between the statement of objections and the decision Infringement of the rights of the defense Consequences Reasonable length of the proceedings before the Court of . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 28 March 2022; Ref: scu.591142

ECJ (Judgment) EAGGF and EAFRD – Expenditure excluded from financing – Expenditure by Belgium – Export refunds – No recovery resulting from negligence attributable to an organization of a Member State – Failure to exhaust all available means of redress – Proportionality

Citations:

ECLI:EU:T:2017:531, [2017] EUECJ T-287/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.590470

ECJ (Freedom To Provide Services – Postal Services : Judgment) Reference for a preliminary ruling – Directive 97/67/EC – Article 9 – Freedom to provide services – Postal services – Notions of universal service and essential requirements – General and individual authorisations – Authorisation to provide postal services under individually negotiated contracts – Conditions imposed

Citations:

ECLI:EU:C:2017:462, [2017] EUECJ C-368/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588275

ECJ (Combating Late Payments In Commercial Transactions : Judgment) Reference for a preliminary ruling – Combating late payments in commercial transactions – Directive 2011/7/EU – Commercial lease contracts of indefinite duration – Late rent payments – Contracts concluded before the period for transposing that directive had expired – National rules – Exclusion of such contracts from the temporal scope of that directive

Citations:

ECLI:EU:C:2017:418, [2017] EUECJ C-330/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588312

ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Medicinal products for human use – Directive 2004/18/EC – Article 2 and Article 23(2) and (8) – Articles 34 and 36 TFEU – Public contract for supplying a hospital – National legislation requiring that hospitals are to be supplied as a matter of priority with medicinal products obtained from national plasma – Principle of equal treatment

Citations:

C-296/15, [2017] EUECJ C-296/15

Links:

Bailii

Statutes:

Directive 2004/18/EC

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588287

(Grants – Olaf Investigation – Finding of Irregularities : Judgment) Grants – OLAF investigation – Finding of irregularities – Commission decision imposing an administrative penalty – Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of 18 months – Registration in the Early Detection and Exclusion System database – Temporal application of various versions of the Financial Regulation – Essential procedural requirements – Retroactive application of the more lenient law

Citations:

ECLI:EU:T:2017:437, [2017] EUECJ T-151/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588291

ECJ State Aid – Debt Owed To A Company : Judgment – Reference for a preliminary ruling – State aid – Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder – Transfer in lieu of payment – Definition of ‘State aid’ – Obligation to notify the European Commission

Citations:

ECLI:EU:C:2017:388, C-150/16, [2017] EUECJ C-150/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 26 March 2022; Ref: scu.584313

Judges:

Arden, King, Sales LJJ

Citations:

[2017] EWCA Civ 272

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 24 March 2022; Ref: scu.582092

Procurement dispute in which the claimant makes various allegations against the defendant arising out of a tender process undertaken by the defendant for the award of a number of contracts which form the Merseytravel Rolling Stock Programme.

Judges:

Coulson J

Citations:

[2017] EWHC 575 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 24 March 2022; Ref: scu.581420

(Judgment : Documents Relating To A Procedure for The Application of The Competition Rules – Refusal To Grant Access) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the application of the competition rules – Refusal to grant access – Duty to state reasons – Exception relating to the protection of the commercial interests of a third party – Exception relating to the protection of the purpose of inspections, investigations and audits – Overriding public interest – Consultation with third parties – Transparency – No response to a confirmatory request with the time limits

Citations:

ECLI:EU:T:2017:224, [2017] EUECJ T-210/15

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

Jurisdiction:

European

Commercial

Updated: 24 March 2022; Ref: scu.581150

ECJ State aid – Financial measures in favor of France Telecom – Offer for shareholder advance – State declarations by the French State – Decision declaring aid incompatible with the common market – No extension of the formal procedure d – Rights of the defense – Wise private investor test – Normal market conditions – Errors of law – Obvious errors of assessment

Citations:

[2015] EUECJ T-425/04

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – France v Commission – T-425/04 ECFI 21-May-2010
ECJ State aid – Financial measures for France Telecom – Project shareholder loan – Public statements by a member of the French government – Decision declaring the aid incompatible with the common market and not . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 23 March 2022; Ref: scu.580913

ECJ (Judgment) Appeal – State aid – Article 107(1) TFEU – Article 106(2) TFEU – Measures taken by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark – Compensation for the costs involved in the performance of public service obligations – Decision declaring the aid compatible with the internal market

Citations:

[2017] EUECJ C-660/15, ECLI:EU:C:2017:178

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580726

ECJ (Competition : Agreements, Decisions and Concerted Practices Competition : Agreements, Decisions and Concerted Practices – Judgment) Appeal – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of the value of sales relating to the infringement

Citations:

ECLI:EU:C:2017:190, [2017] EUECJ C-615/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580722

ECJ (Competition : State Aid Competition : State Aid – Judgment) Appeal – State aid – Transfer of mines at a price below real market value – Exemption from taxes on the transfer transaction – Assessment of the amount of the advantage granted

Citations:

ECLI:EU:C:2017:194, [2017] EUECJ C-100/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580700

ECJ (Competition Competition – Judgment) Appeal – Competition – Articles 101 TFEU and 102 TFEU – Regulation (EC) No 1/2003 – Article 30 – Commission decision finding an illegal cartel on the European hydrogen peroxide and perborate market – Publication of an extended non-confidential version of that decision – Rejection of a request for confidential treatment of certain information – Terms of reference of the hearing officer – Decision 2011/695/EU – Article 8 – Confidentiality – Protection of professional secrecy – Article 339 TFEU – Concept of ‘business secrets or other confidential information’ – Information from a request for leniency – Rejection of the request for confidential treatment – Legitimate expectations

Citations:

ECLI:EU:C:2017:205, [2017] EUECJ C-162/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580702

ECJ (Judgment) Competition – Mergers – Regulation (EC) No 139/2004 – International express small package delivery services in the EEA – Acquisition of TNT Express by UPS – Decision declaring the merger incompatible with the internal market – Likely effects on prices – Econometric analysis – Rights of defence

Citations:

T-194/13, [2017] EUECJ T-194/13

Links:

Bailii

Statutes:

Regulation (EC) No 139/2004

Jurisdiction:

European

Commercial

Updated: 09 February 2022; Ref: scu.579687

ECJ (Advocate Generals Opinion) Competition – State aid – Article 107(1) TFEU – Spanish tax on constructions, installations and works – Tax exemption for the Catholic Church – Demarcation between economic and non-economic activities of the Catholic Church – Activities of the Catholic Church which do not pursue a strictly religious purpose – Activities in the context of the social, cultural or educational mission of the Catholic Church – Churches, religious associations and religious communities – Article 17 TFEU – Article 351 TFEU

Citations:

ECLI:EU:C:2017:133, [2017] EUECJ C-74/16 – O

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 09 February 2022; Ref: scu.579652

Claim for damages for losses on basis of alleged cartel in sales of li-ion batteries.

Judges:

Marcus Smith J

Citations:

[2017] EWHC 374 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 04 February 2022; Ref: scu.577826

ECJ Appeal – Competition – Market in soda ash in the Community – Concerted practice – Infringement of the rights of the defence – Access to the file – Hearing of the undertaking

Citations:

[2011] EUECJ C-110/10

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Solvay v Commission C-110/10 ECJ 14-Apr-2011
ECJ Appeal – Competition – Agreements (Article 81 EC) – Rights of the defense – Right of access to the file – Loss of information in the file – Right to be Heard – Principle of reasonable time – Excessive length . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 31 January 2022; Ref: scu.575379

Appeal – Competition – Market in soda ash in the Community – Abuse of dominant position – Infringement of the rights of the defence – Access to the file – Hearing of the undertaking

Citations:

[2011] EUECJ C-109/10

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Solvay v Commission C-109/10 ECJ 14-Apr-2011
ECJ Appeals – Competition – Abuse of a dominant position (Article 82 EC) – Fidelity rebate – Discrimination against business partners – Rights of the defence – Access to the file – Loss of documents in the . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 31 January 2022; Ref: scu.575378

ECJ (Judgment) Appeals – Agreements, decisions and concerted practices – European paraffin wax market and German market in catsch – Fixing of prices and allocation of markets – Obligation to state reasons – Proof of infringement – Distortion of evidence

Citations:

ECLI:EU:C:2017:124, [2017] EUECJ C-94/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575281

ECJ (Judgment) Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between private undertakings and public authorities – National legislation making the immediate recovery of the principal amount of a debt conditional upon the waiver of interest for late payment and of compensation for recovery costs

Citations:

ECLI:EU:C:2017:121, [2017] EUECJ C-555/14

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575266

(Judgment) Appeal – Competition – Agreements, decisions and concerted practices – European paraffin wax market and German market in catsch – Fixing of prices and allocation of markets – Obligation to state reasons – Evidence of infringement – Distortion of evidence – Regulation (EC) No 1 / 2003 – Article 23 (3) – Calculation of the amount of the fine – Guidelines on the method of setting fines in 2006 – Principle of proportionalit

Citations:

ECLI:EU:C:2017:125, [2017] EUECJ C-95/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575265

(Judgment) Appeal – Competition – Agreements, decisions and concerted practices – European paraffin wax market and German market in catsch – Fixing of prices and allocation of markets – Proof of infringement – Unlimited jurisdiction – Distortion of evidence – Obligation to state reasons – EC) No 1/2003 – Article 23 (2) – Calculation of the amount of the fine – Principle of legality – Guidelines on the method of setting fines in 2006 – Principle of proportionality

Citations:

ECLI:EU:C:2017:123, [2017] EUECJ C-90/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575263

ECJ (Judgment) Public service contracts – Tender procedure – Services for development, study and support for information systems (ESP DESIS III) – Requests for supply of services issued as part of the same lot – Reopening to competition mechanism – Rejection of the tenderers’ tenders – Award criteria – Obligation to state reasons – Abnormally low offer – Non-contractual liability

Citations:

ECLI:EU:T:2017:55, [2017] EUECJ T-74/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573895

ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information – Single infringement – Proof – Fines – Unlimited jurisdiction – Reasonable time – Proportionality

Citations:

C-625/13, [2017] EUECJ C-625/13, ECLI:EU:C:2017:52

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573823

ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Coordination of selling prices and exchange of sensitive business information – Regulation (EC) No 1/2003 – Article 23(2) – Ceiling of 10% of turnover

Citations:

ECLI:EU:C:2017:48, [2017] EUECJ C-618/13

Links:

Bailii

Statutes:

Regulation (EC) No 1/2003 23(2)

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573824

ECJ (Judgment) Protection of the Union’s financial interests – Enhanced audit and monitoring measures and alert reporting under the early warning system (SAP) – Decision suspending the possibility for the applicant to conclude contracts with the Commission Indirect management in the light of doubts as to its status as an international organization – Action for annulment – Non-actionable act – Lack of interest in bringing proceedings – Partial inadmissibility – Rights of the defense – Obligation to state reasons – Manifest error of assessment – Proportionality – Legal certainty – Legitimate expectation – Action for damages

Citations:

ECLI:EU:T:2017:57, [2017] EUECJ T-381/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573832

ECJ (Judgment) Appeal – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Coordination of selling prices and exchange of sensitive business information – Regulation (EC) No 1/2003 – Article 23(2) – Ceiling of 10% of turnover – 2006 Guidelines on the method of setting fines – Obligation to state reasons – Principle of equal treatment – Exercise of unlimited jurisdiction

Citations:

ECLI:EU:C:2017:51, [2017] EUECJ C-637/13

Links:

Bailii

Statutes:

Regulation (EC) No 1/2003

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573809

ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – Belgian, German, French, Italian, Dutch and Austrian markets for sanitary installations for bathrooms – Coordination of sales prices and exchange of sensitive commercial information – Regulation (EC) No 1/2003 – Article 31 – Obligation to state reasons

Citations:

ECLI:EU:C:2017:46, [2017] EUECJ C-609/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573806

ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information – Single infringement – Proof – Fines – Unlimited jurisdiction – Reasonable time – Proportionality

Citations:

ECLI:EU:C:2017:58, [2017] EUECJ C-642/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573822

ecj (Judgment) Appeal – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Coordination of selling prices and exchange of sensitive business information – 2006 Guidelines on the method of setting fines – Obligation to state reasons – Principle of equal treatment – Proportionality – Exercise of unlimited jurisdiction

Citations:

ECLI:EU:C:2017:56, [2017] EUECJ C-638/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573816

ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Coordination of selling prices and exchange of sensitive business information – Regulation (EC) No 1/2003 – Article 23(2) – Ceiling of 10% of turnover – Obligation to state reasons – Protection of legitimate expectations

Citations:

ECLI:EU:C:2017:47, [2017] EUECJ C-611/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573808

ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information – Single infringement – Proof – Fines – Unlimited jurisdiction – Reasonable time – Proportionality

Citations:

[2017] EUECJ C-644/13, ECLI:EU:C:2017:59

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573820

ECJ (Judgment) Appeal – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Coordination of selling prices and exchange of sensitive business information – 2006 Guidelines on the method of setting fines – Obligation to state reasons – Principle of equal treatment – Proportionality – Exercise of unlimited jurisdiction

Citations:

ECLI:EU:C:2017:56, [2017] EUECJ C-636/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573817

ECJ (Judgment) Appeal – Agreements, decisions and concerted practices – European market for animal feed phosphates – Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information – Appellants’ withdrawal from the settlement procedure – Unlimited jurisdiction – Protection of legitimate expectations and of equal treatment – Reasonable length of proceedings

Citations:

ECLI:EU:C:2017:11, [2017] EUECJ C-411/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 28 January 2022; Ref: scu.573259

ECJ (Judgment) Appeal – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation – Concept of ‘economic unit’ between two companies – Concept of ‘decisive influence’ – Joint control by two parent companies – Distortion of evidence

Citations:

ECLI:EU:C:2017:21, [2017] EUECJ C-623/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 28 January 2022; Ref: scu.573261

ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Abuse of dominant position – Grant of licences in respect of intellectual property rights for football-related collectibles – Decision rejecting a complaint – Access to the file – Article 8(1) of Regulation (EC) No 773/2004 – Manifest error of assessment – Relevant market – Exclusive licence – Single branding – Excessive prices

Citations:

ECLI:EU:T:2017:2, [2017] EUECJ T-699/14

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 28 January 2022; Ref: scu.573260

ECJ (Judgment) Appeal – Agreements, decisions and concerted practices – Market for methacrylates – Fines – Joint and several liability of parent companies and their subsidiary for the latter’s unlawful conduct – Payment of the fine by the subsidiary – Reduction of the amount of the subsidiary’s fine following a judgment of the General Court of the European Union – Letters from the accountant of the European Commission demanding payment by the parent companies of the amount it repaid to the subsidiary plus default interest – Action for annulment – Challengeable acts – Effective judicial protection

Citations:

ECLI:EU:C:2017:27, [2017] EUECJ C-351/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 28 January 2022; Ref: scu.573246

[2016] EWCA Civ 1316
Bailii
England and Wales

Commercial

Updated: 27 January 2022; Ref: scu.572740

ECJ Judgment – Competition – Agreements, decisions and concerted practices – Smart card chips – Decision finding an infringement of Article 101 TFEU – Exchange of commercially sensitive information – Infringement by object – Single and continuous infringement – Principle of sound administration – Duty of care – Proof – 2006 Leniency Notice – Settlement Notice – Limitation period – 2006 Guidelines on the method of setting fines – Value of sales

ECLI:EU:T:2016:738, [2016] EUECJ T-762/14
Bailii
European

Commercial

Updated: 27 January 2022; Ref: scu.572603

ECJ Judgment – Competition – Agreements, decisions and concerted practices – European stock/catalogue and special printed envelopes market – Decision establishing an infringement of Article 101 TFEU – Coordination of sales prices and allocation of customers – Settlement procedure – Fines – Basic amount – Exceptional adjustment – Maximum of 10% of total turnover – Article 23(2) of Regulation (EC) No 1/2003 – Obligation to state reasons – Equal treatment

ECLI:EU:T:2016:722, [2016] EUECJ T-95/15
Bailii
European

Commercial

Updated: 27 January 2022; Ref: scu.572604

Judgment – Reference for a preliminary ruling – Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Misleading commercial practice – Pyramid promotional scheme – Contributions paid by new members and compensation received by existing members – Indirect financial link

ECLI:EU:C:2016:958, [2016] EUECJ C-667/15
Bailii
Directive 2005/29/EC
European

Commercial

Updated: 27 January 2022; Ref: scu.572598