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The General Court has dismissed an appeal by Roullier against the European Commission’s 2010 decision on the phosphates price-fixing cartel. Unlike the other parties to the decision, Roullier did enter into a settlement with the Commission after having been informed of the approximate amount of the fine that the Commission intended to impose upon it, and so the Commission concluded its investigation under the standard procedure. Roullier’s appeal argued that its fine should be reduced, on the basis that the fine was higher than the maximum figure envisaged during the settlement discussions. However, the court found that the Commission is not bound by the fine range indicated as part of the settlement procedure and that the Commission had applied the same method for calculating the fine range at the settlement stage as it had as part of the standard procedure. Click here.
The Court of Appeal has dismissed an appeal by private healthcare operator HCA against a decision of the Competition Appeal Tribunal, which ruled that the remittal of the private healthcare market investigation could be carried out by the same inquiry group at the CMA that carried out the original investigation. The court found that, although the CMA had behaved inappropriately and unfairly towards HCA in failing to disclose a revised price analysis, it was nevertheless appropriate to remit the matter to the original inquiry group of the authority.