Fresh Del Monte Produce v Commission (Judgment) [2015] EUECJ C-293/13 (24 June 2015)

Fresh Del Monte Produce v Commission (Judgment) [2015] EUECJ C-293/13 (24 June 2015)

The Court found that the General Court did not err in law in holding that Del Monte and Weichert formed an economic unit and that Del Monte exercised decisive influence over Weichert during the infringement period. The evidence supported the finding of joint and several liability for the competition law infringement. The Court also found no distortion of evidence or reversal of the burden of proof by the General Court. The right against self-incrimination did not apply to the simple requests for information at issue. The reduction of the fine by the General Court was upheld.

Citation
[2015] EUECJ C-293/13
Parties
Appellant (case C 293/13 P), Cross Appellant (case C 294/13 P): Fresh Del Monte Produce Inc.; Cross Appellant (case C 293/13 P and C 294/13 P): Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG; Appellant (case C 294/13 P), Respondent: European Commission
Jurisdiction
European Union
Judgment Date
24 June 2015
Procedural Posture
Joined Appeals and Cross Appeals From the General Court of the European Union / Judgment on Appeal by the Court of Justice of the European Union
Outcome
Appeals and cross-appeals dismissed or declared inadmissible as appropriate; General Court judgment upheld.
Legal Topics
Parent Subsidiary Liability, Concerted Practices, Right Against Self Incrimination, Leniency in Cartel Cases, Burden of Proof, Economic Unit Doctrine
EU Competition Law Administrative Law Parent Subsidiary Liability Concerted Practices Right Against Self Incrimination Leniency in Cartel Cases Burden of Proof Economic Unit Doctrine

Case Brief

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Parties

Fresh Del Monte Produce Inc.

Appellant (case C 293/13 P), Cross Appellant (case C 294/13 P)

Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG

Cross Appellant (case C 293/13 P and C 294/13 P)

European Commission

Appellant (case C 294/13 P), Respondent

Procedural Posture

Joined Appeals and Cross Appeals From the General Court of the European Union / Judgment on Appeal by the Court of Justice of the European Union

Legal Issues

  1. 1 Whether Del Monte and Weichert formed an economic unit for the purposes of imputing liability for competition law infringement
  2. 2 Whether the General Court distorted the evidence or misapplied the burden of proof regarding decisive influence
  3. 3 Whether the right against self-incrimination applies to responses to simple requests for information under Regulation No 1/2003

Ratio Decidendi

The Court found that the General Court did not err in law in holding that Del Monte and Weichert formed an economic unit and that Del Monte exercised decisive influence over Weichert during the infringement period. The evidence supported the finding of joint and several liability for the competition law infringement. The Court also found no distortion of evidence or reversal of the burden of proof by the General Court. The right against self-incrimination did not apply to the simple requests for information at issue. The reduction of the fine by the General Court was upheld.

Court Disposition

Appeals and cross-appeals dismissed or declared inadmissible as appropriate; General Court judgment upheld.

Orders

  • Weichert's cross-appeal in Case C-293/13 P dismissed as inadmissible.
  • Del Monte's appeal in Case C-293/13 P dismissed.