On March 30, 2022, the EU General Court annulled the 2017 Commission decision insofar as it found Air Canada participated in the airfreight cartel element concerning refusal to pay commission on surcharges. The court set Air Canada’s fine at €17,952,000 and dismissed the rest of its action; the Commission was ordered to pay one third of Air Canada’s costs.
Sources
Annuls Article 1(1)(a), (2)(a), (3)(a) and (4)(a) of Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case AT.39258 — Airfreight) in so far as it finds that Air Canada participated in the element of the single and continuous infringement relating to the refusal to pay commission on surcharges;
Case T-326/17: Judgment of the General Court of 30 March 2022 — Air Canada v Commission (Competition — Agreements, decisions and concerted practices — Market for airfreight — Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport — Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) — Exchange of information — Territorial jurisdiction of the Commission — Rights of the defence — Failure to send a new statement of objections — Single and continuous infringement — Withdrawal of the leniency application — Unlimited jurisdiction)