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Daria Budurca

Daria Budurca

Daria Budurca
Daria Budurca
  • Associate Amsterdam
  • T. +31 20 546 01 21
  • E. daria.budurca@stibbe.com daria.budurca stibbe.com E-mail me
  • Languages: English, French, Romanian

Related news

03.12.2020 NL law
On the right track? GC sends mixed messages with Lithuanian Railways

Short Reads - The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors. While a railway track may seem essential, a track’s removal does not fall under this doctrine if carried out by a monopolist manager of a state-developed facility bearing a statutory obligation to grant third parties access to its facilities. According to the General Court, the Commission was therefore correct to use the general framework for abuse of a dominant position to assess the Lithuanian railway operator’s removal of a railway track.

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01.08.2019 NL law
Call of duty: Commission must state reasons when straying from its guidelines

Short Reads - The European Commission has lost a second battle concerning its EUR 15 million fine imposed upon interdealer broker ICAP, this time before the European Court of Justice. The Court upheld the previous judgment of the General Court on the basis of the Commission's failure to state reasons concerning its fining methodology of cartel facilitator ICAP. This may lead to more reasoned Commission decisions in the future - deterrence of cartel behaviour does not justify keeping the methodology for setting the fines as a 'black box'.

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03.09.2020 NL law
Home, but not alone: Commission may complete dawn raids from home

Short Reads - The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels. The ECJ found that the Commission can copy data and assess its relevance to the investigation at its own premises, while safeguarding companies’ rights of defence.

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03.10.2019 NL law
It's in the details: HSBC fine quashed for insufficient reasoning

Short Reads - The General Court annulled the EUR 33.6 million fine imposed on banking group HSBC for its participation in the euro interest rates derivatives cartel. Full annulment was granted based on the Commission's failure to provide sufficiently detailed reasoning for the first step of the fine calculation, establishing the value of sales. As the value of sales could not be established in a straightforward way, the Commission used a proxy. When doing so, the Commission needs to properly explain its reasoning to allow the companies fined to understand how it arrived at the proxy. 

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