Chillin'Competition

Relaxing whilst doing Competition Law is not an Oxymoron

Enforcement menu: shrimps

with 5 comments

Last Friday the European Commission confirmed that it has addressed a Statement of Objections to four traders of North Sea Shrimp over a suspected cartel. We learnt the news through one of the sites that we check several times a day: www.seafoodsource.com; see here).

Some of you have conveyed to us the suspicion that, in reality, DG Comp has sent this SOs in an attempt to force us to write about it. According to this theory, the guys at Bubba Comp, DG Gump. DG Comp were worried about our silent week and decided to resort to the big guns: a food case. Judging by precedents (notably our well known endive saga), they knew that we wouldn’t let it pass by without a comment.

As credible as this theory may sound…. the sending of these SOs at this time of the year is in reality a classic piece of July desk clearing on the part of the Commission. Getting one of these right before the holidays is one of the occupational hazards of being a competition lawyer in private practice in Brussels (the other one coming the run up Christmas).

In any event, we should not be making jokes about this. It is a serious matter. Nicolas – a renowned shrimp consumer may moreover be a victim of this alleged shrimp conspiracy-  One nonetheless wonders: have they caught the big fish? It certainly isn’t small fry!

PS. A Chillin’Leak: We have been told by very reliable sources that the Commission found the evidence for this case during a “fishing expedition”.

Written by Alfonso Lamadrid

17 July 2012 at 9:23 pm

5 Responses

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  1. Excellent strikethrough! Geniale!

    Dr. M. Fevzi TOKSOY

    17 July 2012 at 10:07 pm

  2. I’m reading this one with two bankers from the City – I think this is the first time they believed me that competition law is fun!

    Eva

    17 July 2012 at 11:06 pm

    • Thanks, Eva. The moment we make City bankers laugh is the moment where we know we’re doing something wrong!

      Alfonso Lamadrid

      17 July 2012 at 11:08 pm

      • Don’t worry, you know they cannot laugh sincerely, grinning was all that you got 😉

        Eva

        17 July 2012 at 11:20 pm

  3. Something smells fishy! Puns aside, there may be a small procedural point of interest here. The Commission press release that announced the sending of this SO (IP/12/782) contained the line “The Commission does not reveal the name of the companies at this stage as it respects the rights of defence and the presumption of innocence”. I stand to be corrected, but this line is new to me and of course, the presumption of innocence is enshrined in Art 6(2) ECHR which applies in criminal matters…

    Mark English

    20 July 2012 at 8:55 am


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