17 May 2017
The chances of successfully appealing cartel infringement decisions before the European Courts are rather low. Still, about one-third of applicants before the General Court obtain a partial or complete annulment and/or a reduction of the fine. Even though the chances of success are highly dependent on the broader context of the facts and circumstances of each particular case, a review of the case law of the General Court and the European Court of Justice suggests that some appeal arguments are more likely to succeed than others. This article seeks to draw some appropriately caveated conclusions about the relative likelihood of success of appeal grounds in cartel cases before the European Courts, based on the Courts’ judgments over the past decade.
This article was written by partner Dieter Paemen and associate Jonathan Blondeel and originally published in IBA Business Law International May 2017 (http://www.ibanet.org/Publications/business_law_international.aspx).
Article on Appealing EU Cartel Decisions Before the European Courts: Winning (and Losing) Arguments