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Appealing EU Cartel Decisions Before the European Courts: Winning (and Losing) Arguments

Dieter Paemen, Jonathan Blondeel, Business Law International Vol 18 No 2, May 2017

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The chances of successfully appealing cartel infringement decisions before the European Courts are rather low. Still, about one-third of applicants before the General Court obtain a partial or complete annulment and/or a reduction of the fine. Even though the chances of success are highly dependent on the broader context of the facts and circumstances of each particular case, a review of the case law of the General Court and the European Court of Justice suggests that some appeal arguments are more likely to succeed than others. This article seeks to draw some appropriately caveated conclusions about the relative likelihood of success of appeal grounds in cartel cases before the European Courts, based on the Courts’ judgments over the past decade.

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