Appealing a Settlement: Can You Have Your Cake and Eat it?
This update was first published in the International Law Office Competition & Antitrust Newsletter.
The recent General Court judgment in Printeos1 illustrates that an appeal to the courts on fine calculation methodology can be successful, notwithstanding the admissions of liability made during the settlement process. It makes no reference to the possibility of losing the 10% settlement reduction if an appeal is made, and it confirms that the rights of defence still apply in settlement cases.
The judgment also raises some broader questions on the predictability of the application of the Fining Guidelines.
1Case T-95/15, Printeos SA v the European Commission.