EU Cartel Law – Judicial Review Statistics

Kluwer Competition Law Blog
July 20, 2010

Please refer to this post as: , ‘EU Cartel Law – Judicial Review Statistics’, Kluwer Competition Law Blog, July 20 2010, http://competitionlawblog.kluwercompetitionlaw.com/2010/07/20/eu-cartel-law-judicial-review-statistics/


Some statistics to feed the debate on the checks and balances of the EU antitrust enforcement system: any comments? 
(click on “read more” to get the formatting right)

Cartel Cases Adjudicated by the General Court
  1995-2005 (226) 2006-2009 (56)
Full annulment 6% (14) 16% (9)*
Partial annulment and/or reduction in fines 56% (127) 27% (15)
Dismissal 38% (85) 57% (32)

*  All those decisions were re-adopted by the Commission subsequently, with fines.

Cartel Cases Adjudicated by the Court of Justice
  1995-2005 (41) 2006-2009 (23)
Full/partial annulment and/or reduction in fines 20% (8) 9% (2)*
Dismissal 80% (33) 91% (21)

*  One judgment led to a significant reduction in fine and the other to full annulment, which led to the subsequent re-adoption of the annulled decision.

** Opinions of the Advocate General have been followed by the ECJ in approximately 90% of the appeals over the 2000-2005 period; the ratio fell to 70% over the 2006-2009 period.

Average Duration of Cartel Cases before the EU Courts (months)

 

General Court

Court of Justice

1995-2005

40 (27-58)

35 (28-44)

2006-2009

53 (32-75)

24 (13-28)

NB: cut-off date: December 31, 2009.