• Your Counter-Party Might Not Agree With Your Generosity - Voluntary Commitments by Dominant Companies
  • July 15, 2010 | Authors: Kiran S. Desai; Nathalie Jalabert-Doury; Margarita Peristeraki; Gillian Sproul
  • Law Firms: Mayer Brown International LLP - Brussels Office ; Mayer Brown International LLP - Paris Office ; Mayer Brown International LLP - Brussels Office ; Mayer Brown International LLP - Cologne Office ; Mayer Brown International LLP - London Office
  • Parties volunteering commitments to remedy competition concerns to avoid an infringement decision by the European Commission’s competition department (the “DG COMP”), consciously accept that the concessions they make may go beyond what the DG COMP would have imposed on them in the event of an infringement decision. This is a key outcome from the Court of Justice (the “ECJ”), in its ruling of 29 June 2010, Commission v. Alrosa, Case C-441/07P. The Alrosa ruling also serves to remind parties to contracts, where one of them is dominant, that they should foresee the possibility of needing to amend the contract absent the justification of an infringement decision.