Case C- 385/21 Zenith Media Communications [Archived]
Published by a LexisNexis Competition expert
Practice notesCase C- 385/21 Zenith Media Communications [Archived]
Published by a LexisNexis Competition expert
Practice notes
CASE HUB
ARCHIVED—this archived case hub reflects the position at the date of the decision of 10 November 2022; it is no longer maintained.
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Case facts
| Outline | A national reference from Romania seeking clarification as to whether antitrust fines should be calculated according to a company’s total revenue if a large part of it is used to buy services on behalf of the company’s clients. |
| Latest developments | On 10 November 2022, the Court of Justice issued its judgment in which it answered the referred questions in the negative—namely, a competition authority should not simply take into account the turnover of an undertaking as shown in its profit and loss account, but should rather examine the evidence put forward by that undertaking to show that such turnover does not reflect its real economic situation and that, consequently, another amount which reflects that situation should be taken into account as turnover. |
| Parties | Applicant:• Zenith Media Communications SRL (hereafter, Zenith)Defendants:• Consiliul Concurenței (hereafter, Competition Commission) |
| Market | Advertising networks |
| Background to reference | Competition |
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