The GC reduces Servier’s fine by more than Euro 100 million

In case T-691/14, the General Court of the European Union (the “GC”) has reduced Servier’s fine for abuse of dominance position through a pay-for-delay practice by €102.67 million. According to the GC, the European Commission (the “Commission”) incorrectly defined the relevant market and it erroneously limited the market to perindopril, while it should have included…

THE GENERAL COURT UPHOLDS (WITH ONE EXCEPTION) THE FINES IMPOSED BY THE COMMISSION ON COMPANIES INVOLVED IN THE AIR FREIGHT FORWARDING CARTEL

On February 29, the General Court issued six judgments ruling on the cartel fines imposed by the Commission on several companies in the sector of international air freight forwarding services. In 2012, the Commission imposed fines amounting to a total of € 169 million on 14 international groups of companies active in the sector of…

NATIONAL COURTS’ INVESTIGATIVE POWERS AND BURDEN OF PROOF: THE ITALIAN COURT OF CASSATION REINTERPRETS NATIONAL PROCEDURAL LAWS ON THE BASIS OF THE DIRECTIVE 104/2014

The burden of proof falling on the claimant in competition damages actions, especially if stand-alone type, is notoriously fraught with difficulty. As a consequence, if the national judge interprets the domestic procedural laws in a strict and formalistic manner, this may render the burden not just difficult but nearly close to impossible. The Italian Court…