Cartels

European Union law prohibits all agreements between companies, all decisions by associations of companies and all concerted practices which are likely to affect trade between Member States and which are intended to or have the effect of preventing, restricting or distorting competition within the common market.

Following a complaint, the Commission made certain checks and, in 1998, adopted a decision finding that a number of companies participated in a set of prohibited agreements and practices in the European district heating market. The Commission imposed fines amounting to a total of around EUR 92 million on the companies participating in that cartel.

The Court dismissed almost entirely the actions for annulment brought against the Commission's decision, after finding that there was proof of, firstly, the existence of the various elements constituting the overall agreement and, secondly, the individual involvement of the companies in the anticompetitive conduct for which they had been held liable, except with regard to the length of time one of the companies participated in the agreement and the geographical range of the agreement as regards another company.

The fines imposed by the Commission were, moreover, on the whole confirmed by the Court in the total sum of EUR 83 410 000. However, the fines imposed on two companies were reduced (judgment in HFB and Others v Commission, 2002).

Дата добавления: 2015-07-25