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...

European Commission dawn raids: General Court dismisses Alcogroup/Alcodis challenge; refusal to suspend investigation not reviewable; inspection irregularities, including LPP issues, insufficient to annul authorisation

Published by a LexisNexis Competition expert

Practice notes

CASE HUB

NOTE— appeals lodged before the Court of Justice in Case C-403/18 P (in relation to the main appeal); and in Case C-386/15 (in relation to the General Court’s order made on 16/06/2015)

ARCHIVED — this archived case hub reflects the position as at the judgment of 10 April 2018; it is no longer maintained. See further, timeline, commentary and related/relevant cases.

Case facts

Outline

Alcogroup and Alcodis brought an appeal before the General Court against two commission decisions dated 12 March 2015 and 8 May 2015. The first concerned how Commission inspectors conducted dawn raids on 24 March 2015 in case AT.40244, alleging that legally privileged correspondence was unlawfully analysed and seized. The second related to the Commission’s letter refusing the applicants’ request to suspend any investigative act regarding them in AT.40054 and AT.40244.

Outcome

On 10 April 2018, the General Court delivered its judgment, dismissing the action in its entirety...

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