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Latest Developments in Anti-Cartel Enforcement in the European Union

Johan Ysewyn and Melissa Van Schoorisse, Competition Law & Policy Debate, September 2016

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This article summarises the developments of the last year in anti-cartel enforcement by the European Commission, and the subsequent scrutiny by the European Courts. It covers the period June 2015 - June 2016. Although the Commission has not been very active in the last year, the Court of Justice and the General Court have continued to adopt a steady stream of cartel-related judgments. We have classified the most relevant cases by theme, starting with the issues surrounding immunity and leniency applications, which continue to trigger the vast majority of cartel cases in the EU. We will then turn to a number of investigation issues and due process in administrative proceedings before assessing the Courts’ approach in relation to cartel facilitation. Finally, we will be discussing the most recent case law of the Courts in relation to the concept of single and continuous infringement, parental liability and fining issues.

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