Five companies have been fined €14.7 million for alleged price fixing in the catering sector. The cartel proved a recipe for disaster for managers and board members, who received fines totalling €20,000, with the exception of an individual leniency applicant, who received full immunity. In addition to its precedents on leniency and managerial liability, the case raises questions about possible damages actions.
The president of the Brussels Commercial Court has ruled that in the context of a company's judicial reorganization, a creditor that holds a cash-flow pledge cannot obtain collateral security on that basis. This contradicts legislation that guarantees the right to realize a pledge, even if insolvency proceedings have begun.
Tenedora Nemak SA de CV
Weil Gotshal & Manges LLP - Warren T Buhle, Richard A Ginsburg;
Davies Ward Phillips & Vineberg LLP - Gabriella Lombardi, Donald C Stanbury
Syndicate of banks
Milbank Tweed Hadley & McCloy LLP - Glenn S Gerstell, Thomas Igenhoven;
Ritch Mueller SC - Guillermo Pérez Santiago
Advanced Sterilization Products
Bredin Prat - Emmanuele Masset, Pierre-Henri Durand
Gloster Europe SAS
Jones Day - Renaud Bonnet