Archive | January 2013

Can You Be a ‘Little Bit’ of a Global Cartelist?

Case C-441/11 Commission v Verhuzingen Coppens NV [2012] ECR I-0000

The Court of Justice, on 6 December 2012, delivered an interesting judgment examining the legal liability for a ‘bit player’ in a large cartel. The question whether a peripheral member of a cartel can be held liable for the whole infringement raises a number of questions of fairness, but there is no doubt that the Commission finds the ‘single continuing infringement’ concept important in making its investigations into on-going cartel activity much easier. It also reminds me of the well know aphorism, ‘you can’t be a little bit pregnant’.

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