The General Court’s Rulings in Airfreight: A Commentary

By Jeremy Robinson –

In its Airfreight rulings, the EU General Court has measured a Commission decision on a complex set of circumstances against exacting criteria of clarity and consistency, and found the Commission decision wanting. Although an unwelcome ruling for the Commission, it is questionable whether many cartels will present such a complex picture of evidence as that of the airline industry, and it may be doubted whether the Commission may now be at greater risk of falling at the first hurdle on appeal. It serves as a reminder that, even when the existence of a cartel and detailed evidence of its workings have been revealed through immunity and leniency applications, that is only the first stage of a long process to enforce the law.