Case C- 603/13 P Galp Energia España and Others v Commission (Spanish bitumen cartel) [Archived]
Case C- 603/13 P Galp Energia España and Others v Commission (Spanish bitumen cartel) [Archived]

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

  • Case C- 603/13 P Galp Energia España and Others v Commission (Spanish bitumen cartel) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB (ARCHIVE 21/01/2016)

See further: timeline, commentary and related/relevant cases

ARCHIVED—this archived case hub reflects the position at the date of the decision of 21 January 2016; it is no longer maintained.

Case facts

Outline Appeal brought by GALP against the judgment of the General Court upholding (on substance though reducing slightly the individual fine imposed) the Commission decision of 3 October 2007 finding an infringement of Article 101 TFEU and imposing an individual fine of €8.66m on GALP (reduced to €8.28m following General Court judgment) for its alleged participation in a price-fixing and market/customer allocation cartel concerning the supply of bitumen in Spain between 1991 and 2002 ('Spanish bitumen cartel').

On 21 January 2016, the Court of Justice upheld GALP's appeal and set aside the General Court judgment insofar as the General Court had fixed a new fine based on errors in finding that GALP was 'aware' of (and therefore liable for) the participation of other cartel members in a particular aspect of the cartel. However, by exercise of its power to give final judgment where a General Court judgment is set aside, the Court of Justice ordered that the fine imposed jointly and severally on GALP Energía España and Petróleos de Portugal be