Wilhelm v. Bundeskartelamt
Facts Competition rules against dyestuffs manufacturers for allegedly fixing princes in violation of EU article 101. Later that same year, German Cartel Office imposed fines on the German firms in question.
Issue: Can German Cartel Office take action concerning conduct that was, at the asme time, subject of proceedings before Commission?
Holding:
-Yes, National authorities MAY take action against an agreement in accordance with their national law, when an examination of the agreement from the point of view of its compatibility with
Rules:
-Community law may not prejudice the full and uniform application of community law or the effects of measures taken to implement it. (can not prejudice community rules)
ANALYSIS → Parallel application of the national system can only be allowed in so far as it does not prejudice the uniform application throughout the Common Market of the Community rules on cartels and the full effect of the measures adopted in the implementation of those rules.
Facts Competition rules against dyestuffs manufacturers for allegedly fixing princes in violation of EU article 101. Later that same year, German Cartel Office imposed fines on the German firms in question.
Issue: Can German Cartel Office take action concerning conduct that was, at the asme time, subject of proceedings before Commission?
Holding:
-Yes, National authorities MAY take action against an agreement in accordance with their national law, when an examination of the agreement from the point of view of its compatibility with
Rules:
-Community law may not prejudice the full and uniform application of community law or the effects of measures taken to implement it. (can not prejudice community rules)
ANALYSIS → Parallel application of the national system can only be allowed in so far as it does not prejudice the uniform application throughout the Common Market of the Community rules on cartels and the full effect of the measures adopted in the implementation of those rules.
No comments:
Post a Comment