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CJEU Case C-10/18 P / Opinion

Mowi ASA v European Commission

Policy area:
Competition
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
26/09/2019

Key facts of the case:

Appeal — Competition — Control of concentrations between undertakings — Regulation (EC) No 139/2004 — Article 4(1) — Prior notification obligation for concentrations — Article 7(1) — Standstill obligation — Article 7(2) — Exemption — Concept of a ‘single concentration’ — Article 14(2) — Decision imposing fines for the implementation of a concentration before it has been notified and authorised — Principle ne bis in idem — Set‑off principle — Concurrent offences.

Outcome of the case:

I therefore consider that the Court should:

  • set aside the judgment of 26 October 2017, Marine Harvest v Commission (T‑704/14, EU:T:2017:753);
  • annul Article 1 of Commission Decision of 23 July 2014 imposing a fine for putting into effect a concentration in breach of Article 4(1) and Article 7(1) of Council Regulation (EC) No 139/2004 (Case M. 7184 — Marine Harvest/Morpol), in so far as it finds that, by putting into effect a concentration with an EU dimension in the period from 18 December 2012 to 30 September 2013, Marine Harvest ASA infringed Article 4(1) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation);
  • annul Article 2 of Commission Decision of 23 July 2014;
  • order the European Commission to bear its own costs and to pay the costs incurred by Marine Harvest ASA.