Partner Elvira Aliende Rodriguez and associates Sujin Chan-Allen (both Brussels-Antitrust) and Ruba Noorali (London-Antitrust) have authored the chapter “European Union: Cartels and Leniencey” in the GCR EMEA Antitrust Review 2021 published by Global Competition Review on July 8, 2020. The team wishes to thank Caroline Préel for her contribution.
The chapter provides an insight into recent developments in cartel-related enforcement actions in the European Union. It highlights the European Court of Justice’s key findings on the issue of ‘by object’ infringements in the Budapest Bank judgment of April 2 2020. It explains the core elements that the European Commission and national antitrust authorities must consider when categorising an infringement as ‘by object’ and analyses the new requirements for authorities to review the counterfactual situation and potential pro-competitive effects.