Judgment of the General Court Tenth Chamber, Extended Composition of 2 February 2022, Scania and Others v Commission, T-799/17

• Date: 02 February 2022
• Year: 2022

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2. AGREEMENTS, DECISIONS AND CONCERTED PRACTICES (ARTICLE

101 TFEU)

Judgment of the General Court (Tenth Chamber, Extended Composition) of 2 February

2022, Scania and Others v Commission, T-799/17

Link to the complete text of the judgment

Competition – Agreements, decisions and concerted practices – Truck manufa cturers’ ma rket – Decision

finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement – Agreements and

concerted practices in relation to the prices of trucks, the timing for the introduction of emission

technologies and the passing on to customers of the costs relating to those technologies – ‘Hybrid’

procedure staggered over time – Presumption of innocence – Principle of impartiality – Charter of

Fundamental Rights – Single and continuous infringement – Restriction of competition by object –

Geographic scope of the infringement – Fine – Proportionality – Equal treatment – Unlimited jurisdiction

By decision of 27 September 2017 (‘the contested decision”),

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the European Commission found that

the companies Scania AB, Scania CV AB and Scania Deutschland GmbH, three entities of the Scania

group, which produce and sell heavy trucks used for long-haulage transport (together, ‘Scania’), had

infringed EU rules prohibiting cartels,

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by participating, from January 1997 to January 2 011, with their

competitors, in collusive arrangements aimed at restricting competition on the market for medium

and heavy trucks in the EEA. The Commission imposed a fine of EUR 880 523 000 on Scania.

The contested decision was adopted following a ‘hybrid ’ procedure combining the settlement

procedure

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and the standard administrative procedure in cartel matters.

In the present case, each undertaking to which a statement of objections was addressed, including

Scania, confirmed to the Commission its willingness to participate in settlement discussions. However,

following discussions with the Commission, Scania decided to withdraw from that procedure. The

Commission thus adopted a settlement decision in respect of the undertakings which had submitted

a formal request in that regard,

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and continued the investigation concerning Scania.

By its judgment of 2 February 2022, the Court dismisses the action brought by Scania seeking

annulment of the contested decision, and provides clarifications regarding the legality of a ‘hybrid’

procedure in cartel matters and the concept of a single and continuous infringement.

Findings of the Court

As regards the legality of the ‘hybrid’ procedure followed by the Commission, the Court begins by

observing that, contrary to what Scania submitted, the Commission’s decision to follow such a

procedure does not, in itself, entail an infringement of the presumption of innocence, the rights of the

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Commission Decision C(2017) 6467 final of 27 September 2017, relating to pr oceedings under Article 101 TFEU and Article 53 of the

Agreement on the European Economic Area (EEA) (Case AT.39824 – Tru cks).

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Article 101 TFEU and Article 53 of the EEA Agreement.

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That procedure is governed by Article 10a of Commission Regulation (EC) No773/2004 of 7 April 2004 r elating to the conduct of proceedings

by the Commission pursuant to Articles [101 and 102 TFEU] (O J 2004 L 123, p. 18). It enables the parties in cartel cases to acknowle dge their

liability and, in exchange, to receive a reduction in the amount of the fine imposed.

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Decision C(2016) 4673 final relating to a proceed ing under Article 101 TFEU and Articl e 53 of the EEA Agreement (Case AT.39824 – Trucks).

That dec ision was adopted on the basis of Article 7 and Article 23(2) of Council Regulation (EC) No1/2003 of 16 December 2002 on the

implementation of the rules on competition laid down in Articles [101 and 102 TFEU] (OJ 2003 L 1, p. 1).