In Deutsche Telekom, the Court of Justice held that the Commission and national competition authorities must pay sufficiently high interests on fines unduly paid to them by companies. Specifically, the interest rate may not be limited to compensating for the depreciation in the value of money. It must cover compensation at a standard rate to which the company that paid that fine is entitled because it was deprived for a certain period of time of the use of the funds corresponding to the amount unduly collected by the Commission.

Not so pleasant news for the Commission, but also national competition authorities may have to reassess their national rules on the matter.

In Belgium, fines are paid to (and possibly repaid by) the Deposit and Consignment Fund, which applies the interest rate set by Ministerial Decree of 13 October 2016 (currently set at 2,5%). The question is whether this is sufficiently high considering the Court of Justice’s Judgment in Deutsche Telekom.

Interested in learning more on this case?

- Judgment 🔗 https://lnkd.in/eSH5NNDd

- Interest rate Deposit and Consignment Fund 🔗https://lnkd.in/edT-hVTT


#competitionlaw #europeancommission #belgiancompetitionauthority #ECJ #contrastupdate