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EU: Commission welcomes Court of Justice ruling on bananas cartel appeal

By  |  April 27, 2017

The European Commission welcomes today’s Court of Justice ruling confirming that in proving a cartel the Commission can rely on and use as evidence documents that were legally transmitted to the Commission by national authorities other than competition authorities.

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    The European Court of Justice has dismissed the appeal brought by banana importer Pacific Fruit group against a General Court judgment of 2015. Today’s judgment fully confirmed the assessment of the General Court, and in particular endorsed the admissibility of evidence transmitted to the European Commission by the Italian finance police.

    In October 2011 the Commission imposed a fine on Pacific Fruit group for participating with Chiquita in a price fixing cartel for fresh bananas in three EU Member States.

    As part of its cartel investigation, the Commission received copies of documents from the Italian finance police. The EU Court of Justice agreed with the General Court and the Commission that these documents could be used as evidence in proving the cartel. The Court confirmed the admissibility of documents transmitted by national authorities other than competition authorities, as long as this transmission has not been declared unlawful under national law.

    Full Content: Europa

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