Cases T- 587/08 Fresh Del Monte Produce v Commission and T- 588/08 Dole Food and Dole Germany v Commission (Bananas cartel) [Archived]
Cases T- 587/08 Fresh Del Monte Produce v Commission and T- 588/08 Dole Food and Dole Germany v Commission (Bananas cartel) [Archived]

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

  • Cases T- 587/08 Fresh Del Monte Produce v Commission and T- 588/08 Dole Food and Dole Germany v Commission (Bananas cartel) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 14 March 2013; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

(ARCHIVE 14/03/2013)

Outline Appeals to the General Court seeking annulment or reduction in the levels of fines imposed regarding the Commission's decision of 15 October 2008 finding an infringement of Article 81 EC and imposing fines of €45.6m on Dole and €14.7m on Del Monte (jointly and severally with Weichert) for their alleged participation in a cartel for the supply of fresh bananas to the northern European region ('Bananas cartel'). 

On 14 March 2013, the General Court confirmed the infringement finding (on substance) in relation to both appeals—in particular, confirming that the information at issue was not publicly available and that the exchange of such 'pre-pricing' information relating to quotations amounted to a 'concerted practice'. However, the General Court reduced Del Monte's fine to €8.8m on the basis of Del Monte's lesser involvement in the infringement and for its cooperation during the course of the investigation.

This matter focuses on (amongst other things) issues related to the rights of defence, the calculation of fines and whether an exchange of information (in the form of pre-pricing communications between the producers) should be