Antitrust: Commission welcomes Court of Justice judgment on Animal Feed Phosphates cartel

On the 12 January 2017, the European Commission welcomed judgment by the EU Court of Justice dismissing in its entirety Timab's appeal against an earlier General Court ruling.

The judgment addressed in particular the issue of such so-called "hybrid" cases, where some parties settle and others don't. The highest EU court rejected Timab's claim that the Commission had punished the company for not settling and confirmed that Timab had suffered no discrimination for not settling the case.

The judgment by the EU Court of Justice fully upheld the Commission's findings and the fine of €59.85 million imposed jointly and severally on Timab and its parent company CFPR of the Roullier Group. It confirmed that the fine imposed on Timab reflected the gravity and duration of the infringement and was an accurate application of the rules concerning the calculation of fines.