Jurisdiction(s):
United Kingdom

Key definition

Article 101 definition

What does Article 101 mean? In practice, Article 101 is the EU competition law rule that bans anti‑competitive agreements and concerted practices—such as cartels, price‑fixing, market‑sharing, bid‑rigging and resale price maintenance—where they prevent, restrict or distort competition and affect trade between EU member States. It covers agreements between undertakings, decisions of associations of undertakings and informal coordination; the test is whether the conduct has an anti‑competitive object or effect. The rule is set out in Article 101 TFEU and developed by Court of Justice case law. Prohibited agreements are void and can attract fines and damages claims. Exemptions may apply under Article 101(3) where...

Calcium carbide cartel appeals: CJEU dismisses C‑154/14 and C‑155/14; confirms parental liability presumption—non-compliance by subsidiary insufficient; rights of defence breach not material

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgments—16/06/2016)

See further: timeline, commentary and related/relevant cases

Case facts

ARCHIVED — this archived case hub reflects the position at the date of the decisions of 16 June 2016; it is no longer maintained.

Outline

Appeals were brought against the General Court’s judgments which, while slightly lowering the individual fine imposed on Evonik Degussa, essentially confirmed the Commission decision of 22 July 2009. That decision found infringements of article 101 TFEU and Article 53 EEA and imposed penalties of €13.3m on SKW Stahl‑Metallurgie and €3.7m on Evonik Degussa (reduced from €4.7m by the General Court), in connection with SKW Stahl‑Metallurgie’s alleged role in a calcium carbide and magnesium cartel during 2004–2007 (“Calcium carbide cartel”).

On 16 June 2016, the Court of Justice dismissed the appeals in their entirety. The Evonik Degussa appeal is noteworthy as it provided another occasion to assess the rules on “parental company liability”, clarifying the circumstances in which the presumption of “decisive influence” can be rebutted for attributing responsibility to a parent company for infringements committed by a subsidiary in which it holds all (or virtually all) of the capital...

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