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 General Court partly annuls Commission refusal under Regulation 1049/2001: access to non‑confidential ‘inability to pay’ requests and first questionnaire in Heat Stabilisers case (Reagens v Commission)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment of 20 March 2014 and is no longer updated. For additional detail, consult the timeline, commentary and related or relevant cases.

Case facts Outline

An appeal was brought before the General Court seeking annulment of the commission’s decision of 23 February 2010 (the “contested decision”), which refused Reagens SpA access to specific documents in the Commission’s administrative file from the “Heat stabilisers” cartel investigation, under Regulation 1049/2001 on public access to European Parliament, Council and Commission documents. Reagens had been an addressee of the Commission’s decision of 11 November 2009, which found that it had taken part in an EEA‑wide cartel concerning heat stabilisers. Unlike another addressee, Reagens was unsuccessful in a request—lodged before adoption of the infringement decision—for a reduction of the fine on the basis of “inability to pay”. After the Commission’s decision, Reagens sought access to materials relating to inability‑to‑pay applications to advance its rights of defence. That access request was ultimately rejected in the contested decision...

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