Conserve Italia and Conserves France v Commission (Competition - Agreements, decisions and concerted practices - Market for canned vegetables - Judgment) French Text [2024] EUECJ T-59/22 (04 September 2024)

Conserve Italia and Conserves France v Commission (Competition - Agreements, decisions and concerted practices - Market for canned vegetables - Judgment) French Text [2024] EUECJ T-59/22 (04 September 2024)

Conserve Italia qualifies as an 'enterprise' under EU competition law, not solely as an association of enterprises; the Commission correctly calculated the fine ceiling using Conserve Italia's consolidated turnover; the value of sales, gravity, duration, and deterrence factors were properly determined; reductions...

Source-derived case information.

Citation
[2024] EUECJ T-59/22
Parties
Applicant: Conserve Italia - Consorzio Italiano fra cooperative agricole Soc. coop. agr.; Applicant: Conserves France; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Competition Annulment and Penalty Reduction / Final Judgment
Outcome
application rejected
Legal Topics
Cartels, Market Allocation, Price Fixing, Calculation of Fines, Association of Enterprises, Relevant Turnover, Leniency Applications
Competition Law European Union Law Cartels Market Allocation Price Fixing Calculation of Fines Association of Enterprises Relevant Turnover +1 more

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Parties

Conserve Italia - Consorzio Italiano fra cooperative agricole Soc. coop. agr.

Applicant

Conserves France

Applicant

Commission européenne

Respondent

Procedural Posture

Competition Annulment and Penalty Reduction / Final Judgment

  1. 1 Whether the Commission erred in calculating the fine's ceiling by treating Conserve Italia as an 'enterprise' rather than an 'association of enterprises'
  2. 2 Whether the Commission erred in determining the base amount of the fine (value of sales, gravity, duration, deterrence)

Ratio Decidendi

Conserve Italia qualifies as an 'enterprise' under EU competition law, not solely as an association of enterprises; the Commission correctly calculated the fine ceiling using Conserve Italia's consolidated turnover; the value of sales, gravity, duration, and deterrence factors were properly determined; reductions for leniency and attenuating circumstances were correctly applied; no basis exists for further annulment or reduction of the fine.

Court Disposition

application rejected

Orders

  • The application is dismissed.
  • Conserve Italia and Conserves France are jointly and severally condemned to pay all costs, including those relating to interim proceedings.