Except for the Fine, the General Court Endorses Commission’s Decision in Altice journal article Nora Memeti European Competition and Regulatory Law Review, Volume 7 (2023), Issue 2, Page 129 - 133 Case T-425/18 Altice Europe NV v European Commission, Judgment of the General Court (Sixth Chamber) of 22 September 2021 The European Union Merger Regulation (EUMR) states that the acquirer must notify the acquisition to the European Commission (EC) and must not implement the concentration prior to its clearing. Altice was found to have infringed both Article 4(1) EUMR, an infringement often referred to as Gun Jumping, and Article 7(1) EUMR, known as standstill obligation. Based on the findings, the EC fined Altice an unprecedented fine of €124.5 million for both infringements, each €62.25 million. This is the highest fine imposed for such infringements ever. Altice appealed to the General Court (GC). The appeal focused on the finding and the legality of the EC’s decision to issue fines for violations of EUMR. The GC largely dismissed the applicant's annulment action except in relation to the amount of the monetary fines. Based on its unlimited powers related to fines, the GC reduced the fine by 10%.
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.
Spain ∙ Legal Framework and Trends in Corporate Fines to Cartels journal article Jerónimo Maillo European Competition and Regulatory Law Review, Volume 5 (2021), Issue 1, Page 49 - 58
Implementation of the ECN+ Directive ∙ Austria: A Missed Opportunity for Fundamental Rights, but (Finally) Changes to the Merger Thresholds journal article Heinrich Kühnert, Elisabeth König European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 216 - 220
Implementation of the ECN+ Directive ∙ Estonia: An Uncertain Work in Progress journal article Martin Mäesalu, Kevin Gerretz European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 243 - 247
Implementation of the ECN+ Directive ∙ Czech Republic: Missed Opportunity to Enhance Independence and Powers journal article Michal Petr European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 234 - 238
Implementation of the ECN+ Directive ∙ Cyprus: Draft Bill Setting the Foundations for a New Era of Competition Law Enforcement? journal article Eleana Poulladou European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 230 - 233
Implementation of the ECN+ Directive ∙ Denmark: Introduction of Civil Fines and Allignment of Procedures journal article Erik Kjær-Hansen European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 239 - 242
Implementation of the ECN+ Directive ∙ Croatia: Competition Authority Gets Wider Powers to Combat Antitrust Violations but Will It Be Enough? journal article Ana Marjančić European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 226 - 229
Implementation of the ECN+ Directive ∙ Bulgaria: A Hope for Proactive Antitrust Enforcement journal article Mariya Papazova European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 221 - 225
Theories of Harm in the Implementation of the Foreign Subsidies Regulation Adina Claici, Peter Davis, Gerhard Dijkstra