Cartel facilitators can face hefty EU fines – what are the implications for consultancies, market research organisations, brokers and other intermediaries?
30 October 2015Focus on Regulation - Hogan Lovells Blog
The European Court of Justice (ECJ) has confirmed that the conduct of a consultancy firm can be caught by the EU prohibition of agreements or concerted practices restricting competition (Article 101 of the Treaty of the Functioning of the European Union (TFEU)), even where that firm is not active on the cartelized market but where it contributes actively and in full knowledge of the relevant facts to the operation of a cartel. Such a firm may face fines for its conduct of up to ten per cent of its total turnover in the preceding business year. The AC-Treuhand judgment is significant as it may apply to any type of intermediary (e.g., market research organisations, trade associations, online platforms as well as brokers, dealers, and other trading intermediaries).
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