Case T- 480/15 Agria Polska and Others v Commission (rejection of complaint) [Archived]
Case T- 480/15 Agria Polska and Others v Commission (rejection of complaint) [Archived]

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

  • Case T- 480/15 Agria Polska and Others v Commission (rejection of complaint) [Archived]
  • Case facts
  • Timeline
  • Relevant/related cases

CASE HUB (NOTE—appeal lodged by Agria Polska at Court of Justice in Case C- 373/17 P)

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 16 May 2017; it is no longer maintained.

See further: timeline and relevant/related cases

Case facts

Outline Appeal to the General Court seeking annulment of the Commission decision of 19 June 2015 rejecting a complaint brought by Agria Polska which alleged that a number of its rivals, large agrochemical companies (aided by industry bodies and a law firm), had infringed Articles 101 and 102 TFEU by waging a 'vexatious' administrative and criminal law campaign aimed at excluding Agria Polska and its subsidiaries from the 'plant protection products' market in a number of EU Member States (and, in particular, in Poland). The Commission decided not to open an in-depth investigation on the basis of enforcement priorities and, as part of this consideration, its determination that there was a limited likelihood of establishing the existence of an infringement. 

On 16 May 2017, the General Court dismissed the action for annulment, thus upholding the Commission's rejection of the complaint. The General Court’s review confirmed that the Commission was justified in not opening an investigation and, in particular, was correct to have concluded that the