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...

CJEU upholds ne ultra petita; BA’s limited plea prevents full annulment of Commission’s Air Cargo cartel decision

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—14/11/2017)

See further: timeline, commentary and related/relevant cases

Case facts

ARCHIVED — this archived case hub reflects the position at the date of the decision of 14 November 2017; it is no longer maintained.

Outline

Appeal lodged against the General Court’s judgment, which annulled only in part (as it concerned British Airways) the Commission decision of 9 November 2010. That decision found a single and continuous infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air transport, and imposed fines totalling €799.45m on 11 air carriers (including British Airways—BA) active in international air cargo services for their alleged participation in a global airfreight services Cartel ('Air cargo cartel'). Unlike the other applicant airlines, for whom the Commission’s decision was annulled in its entirety (because of inconsistencies in the decision that infringed the addressees’ rights of defence and prevented the General Court from exercising its review power), the General Court annulled only the parts of the decision that BA had expressly contested in its application for annulment...

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