The End of Member State Autonomy in the Calculation of Fines in EU Competition Law? The Implications of the Zenith Communications Ruling.

Abstract

Annotation on the Judgment of the Court (Fifth Chamber) of 10 November 2022 in Case C-385/21 Zenith Media Communications SRL v Consiliul Concurenţei . National rules for calculating fines for infringements of competition rules which require national competition authorities to only consider an undertakings' total annual turnover, without factoring in evidence that that turnover does not reflect an undertakings' true economic situation, is contrary to Union law. In this regard, the Zenith Communications ruling reduces the discretion of the Member States in the setting of fines.