C-403/22 PSAS Cargo Group A/S and Others v European Commission

Domstolens egne nøkkelord

Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Rights of the defence – Right of access to the file – Inculpatory and exculpatory evidence – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Statement of objections – Right to be heard – Single and continuous infringement – Geographic scope of the cartel – State coercion defence – Conditions under which applicable – Proof of participation in a single and continuous infringement – Calculation of the fine – Unlimited jurisdiction of the General Court of the European Union – Distortion.

Tolker