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The End of Member State Autonomy in the Calculation of Fines in EU Competition Law? The Implications of the Zenith Communications Ruling. journal article

Francesco Rizzuto

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 3, Page 193 - 199

Annotation on the Judgment of the Court (Fifth Chamber) of 10 November 2022 in Case C-385/21 Zenith Media Communications SRL v Consiliul Concurenţei . National rules for calculating fines for infringements of competition rules which require national competition authorities to only consider an undertakings' total annual turnover, without factoring in evidence that that turnover does not reflect an undertakings' true economic situation, is contrary to Union law. In this regard, the Zenith Communications ruling reduces the discretion of the Member States in the setting of fines.


Infineon Technologies AG v Commission: A Referral from the Court of Justice on Proportionality Grounds (T-758/14 RENV Infineon Technologies v Commission) journal article

Niccolò Colombo, Alejandra Garcia Hoyos

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 4, Page 328 - 332

Case T-758/14 RENV Infineon Technologies v Commission, Judgment of the General Court of 8 July 2020 Following a referral from the Court of Justice, the General Court, in exercising its unlimited jurisdiction, held that the Commission did not take sufficient account of the individual participation of Infineon in the single overall agreement and reduced the fine by an additional 5% on account of mitigating circumstances.

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