Gas insulated switchgear cartel according to DG Competition

DG Competition announcement that it has decided that the main manufacturers of gas insulated switchgear had been operating a cartel in breach of Article 81 from 1988 until the dawn raids in May 2004. The Commission's decision is subject to review by the Court of First Instance and the European Court of Justice. If confirmed on appeal (or not challenged), the decision will become binding on civil courts throughout the EEA under Council Regulation 1/2003, enabling it to be relied upon in any claims for damages by buyers of switchgear. Any claims by price-controlled electricity utilities could raise an interesting form of passing-on defence.

Update, January 2008: A summary (4 pages, PDF) of the decision has been published.

Belated update: It seems that the full decision (123 pages, PDF) was published in October 2007.

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, DG Competition, Electricity.

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