Case T- 181/10 Reagens v Commission (access to file) [Archived]

Published by a LexisNexis Competition expert
Practice notes

Case T- 181/10 Reagens v Commission (access to file) [Archived]

Published by a LexisNexis Competition expert

Practice notes
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ARCHIVED–this archived case hub reflects the position at the date of the judgment of 20 March 2014; it is no longer maintained.

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Case facts

OutlineAppeal to the General Court seeking annulment of the commission's decision of 23 February 2010 (the 'contested decision') refusing Reagens SpA access to certain documents in the Commission's administrative file from the 'Heat stabilisers' cartel investigation on the basis of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents. Reagens had been an addressee of the Commission decision of 11 November 2009 finding that it had participated in an EEA-wide cartel concerning heat stabilisers. Unlike another addressee of the Commission decision, Reagens was unsuccessful in a submission (initiated prior to the adoption of the infringement decision) for a reduction in fine based on ‘inability to pay’ arguments. Following the Commission decision, Reagens sought access to documents relating to applications for inability to pay in furtherance of its rights of defence. This request was ultimately rejected in the contested decision.
PartiesApplicant:
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Jurisdiction(s):
United Kingdom
Key definition:
Commission definition
What does Commission mean?

In the context of the bribery Act 2010, a commission is the giving of a financial advantage, although it is not necessarily a bribe.

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