For the first time, the Court of Justice has ruled on “facilitation” of cartels.
On October 22, the court upheld an previous General Court judgement that agreed with a 2009 Commission decision to hold AC Treuhand liable for facilitating cartels.
The Commission’s original decision in 2009 found that AC Treuhand and various suppliers of heat stabilisers participated in a cartel on tin stabilisers between 1987 and 2000, and in a cartel on ESBO/esters between 1991 and 2000.
AC Treuhand played an essential role in the infringements and was remunerated by suppliers inter alia for organising regular cartel meetings at is Zurich premises. It attended and actively participated in the meetings, collected and supplied sales data to the participants, monitored the implementation of the agreements, offered to act as a moderator in case of disagreements between them and encouraged them to find compromises.
Full content: The European Commission
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