Jurisdiction(s):
United Kingdom

Key definition

Commission definition

What does Commission mean? In legal practice, a commission is a payment, usually percentage‑based, made to an agent, broker or introducer for securing business or facilitating a transaction. Under UK bribery law, the Bribery Act 2010 (England & Wales, Scotland and Northern Ireland) does not define commission, but criminalises offering, promising, giving, requesting or receiving a financial or other advantage to induce or reward improper performance. A commission may constitute such an advantage depending on intent, knowledge and context; not every commission is a bribe. Transparent, proportionate, contractual commissions for genuine services are generally lawful, whereas concealed or disproportionate payments, particularly to public...

EU Article 102 infringement: ARA’s refusal to grant access to Austrian household packaging waste infrastructure; €6.015m fine; structural divestment; first co‑operation-based reduction (AT.39759, 2016)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the decision date of 20 September 2016; it is no longer maintained. See the timeline and commentary for further detail.

Case facts

Outline

European commission article 102 TFEU investigation concerning Altstoff Recycling Austria (case number AT.39759).

Latest development

On 15 October 2016, the Commission adopted its infringement decision. ARA was fined €6,015,000. The figure includes a 30% reduction for ARA’s cooperation, comprising:

acknowledging the infringement
ensuring the decision benefited from administrative efficiencies
proposing the structural remedy (see below)

The Commission also required a structural remedy to tackle the foreclosure concern, under which ARA will divest the portion of household collection infrastructure it owns. Proposed by ARA, this measure ensures ARA will no longer be in a position to block competitors’ access to that infrastructure, preventing any recurrence of the infringement.

Parties

Altstoff Recycling Austria (ARA), an Austrian waste management company.

Background

The Commission launched an own-initiative investigation in 2010 after receiving information from other market operators...

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Web page updated on 21/05/2026

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