#62024CC0855Opinion of Advocate General Biondi – Delivered 26 March 2026
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This opinion addresses the appeal by Crown Holdings and its affiliate against a decision by the European Commission regarding competition law violations in the metal packaging market. The case revolves around a request from Germany's national competition authority, which led to an investigation due to legal gaps preventing effective penalties for companies involved. The Commission ultimately imposed a fine but was challenged by Crown over procedural concerns and the interpretation of the cooperation notice within competition authorities. The discussions highlight the tension between national and EU enforcement powers and how such coordination impacts companies.
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Key Changes
- Introduction of a fine for competition law violations
- Clarification of the coordination process between Member States and the Commission
- Emergence of legal issues regarding corporate restructuring and penalties
Obligations
What this law requires
Competition authorities of Member States must inform the Commission in writing before or without delay after commencing the first formal investigative measure under Articles 101 and 102 TFEU
The Commission must consult with a national competition authority before initiating proceedings under Article 11(6) of Regulation (EC) No 1/2003 if that authority is already acting on a case
Case re-allocation between competition authorities must be resolved within two months starting from the date of first information sent to the network pursuant to Article 11 of Regulation (EC) No 1/2003
Competition authorities must inform the network at an early stage of cases pending before the various competition authorities to detect multiple procedures and ensure cases are dealt with by a well-placed authority
Competition authorities must endeavor to reach agreement on possible case re-allocation and modalities for parallel action during the two-month re-allocation period