Court of Justice 11 December 2014, C-293/13 P and C-294/13 P (Fresh Del Monte Produce Inc. v European Commission and European Commission v Fresh Del Monte Produce Inc.)

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Advocate General Kokott recommends that the Court of Justice set aside the General Court's reduction of a fine for cooperation, arguing that voluntary responses to simple requests for information do not constitute the 'spontaneous' cooperation required under the Leniency Notice. The Opinion further maintains that a parent company may be held jointly and severally liable for a subsidiary's cartel participation where it exercises de facto decisive influence through economic and legal links, such as exclusive distribution agreements and rights of veto. Additionally, the Advocate General concludes that a participant's lack of awareness regarding certain aspects of a single and continuous infringement justifies a reduction in the individual fine but does not invalidate the objective existence of the global cartel.AI