January 21
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27th November 2020
Competition & State Aid Internal Market

Analysis: “European Commission v GEA Group AG (C-823/16)” by Jokin Beltrán de Lubiano

In European Commission v GEA Group AG (C-823/18 P), the Court of Justice has provided guidance on the interplay between the principles concerning joint and several liability of undertakings for competition fines and the maximum amount of the fine that can be imposed in these cases under Article 23(2) of Regulation 1/2003.

In 2009, the Commission found that certain companies in the heat stabilisers business had participated in anticompetitive arrangements between September 1991 and May 2000, thereby breaching Article 101 TFEU, and imposed fines under Article 23 of Regulation 1/2003.

In the case of the appellant, GEA Group, the Commission imposed two separate fines: (i) one fine for 1.9 million euros, jointly and severally wi

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