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The ECJ’s ICAP Judgment Sends a Clear Message That Procedural Rights Matter (C-39/18 P Commission v ICAP and Others)

Thomas Wilson, Arjun Chandran

DOI https://doi.org/10.21552/core/2020/4/13

Keywords: cartels, facilitator doctrine, procedural rights, fining methodology, judicial review

Case C-39/18 P Commission v ICAP and Others, Judgment of the Court of Justice (Third Chamber) of 10 July 2019
The Court of Justice’s judgment in the ICAP case confirms that European Courts will not shy away from annulling Commission decisions due to violations of procedural rights and that there is a general trend towards scrutinizing Commission decisions more closely. The Court’s ruling makes it clear that the Commission must provide sufficient reasons concerning the methodology used when setting the fine for a cartel facilitator. At the same time, it can be expected that the Commission will continue to prosecute cartel facilitators rigorously, as the Court did not take issue with the facilitator doctrine as such.

Thomas Wilson (partner) and Arjun Chandran (associate) of Kirkland & Ellis International LLP. This case annotation reflects the personal views of the authors. For correspondence: <mailto:thomas.s.wilson@kirkland.com> and <mailto:arjun.chandran@kirkland.com>.


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