Case C- 194/14 P AC-Treuhand v Commission (cartel facilitator) [Archived]
Case C- 194/14 P AC-Treuhand v Commission (cartel facilitator) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Case C- 194/14 P AC-Treuhand v Commission (cartel facilitator) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB (date of judgment—22/10/2015) (ARCHIVE 22/10/2015)

See further: timeline, commentary and related/relevant cases

ARCHIVED—this archived case hub reflects the position at the date of the decision of 22 October 2015; it is no longer maintained.

Case facts

OutlineAppeal brought by consultancy firm AC-Treuhand against the judgment of the General Court upholding the Commission decision of 11 November 2009 finding infringements of Article 101 TFEU and Article 53 EEA and imposing a fine of €348,000 on AC-Treuhand for its alleged role as cartel facilitator in a European-wide cartel for the supply of tin and ESBO/esters heat stabilisers ('Heat stabilisers cartel').

On 22 October, the Court of Justice dismissed the appeal and upheld the General Court judgment (and, consequently, confirmed the underlying Commission infringement decision insofar as it relates to AC-Treuhand).

This case focuses on the issue of potential liability under Article 101 TFEU for intermediaries and consultants for their role in facilitating the cartel activity of others. The main interest is to understand whether Article 101(1) TFEU is applicable to such conduct in circumstances where the facilitator in question is not itself active on the relevant market in which the collusive activity occurs.

PartiesAppellant: AC-Treuhand AG (AC-Treuhand) 

Other party: European Commission

AC-Treuhand is a Swiss consulting company which offers a range of services to national and international associations and interest groups including business
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