ARTICLE
29 December 2011

Going bananas

DW
Dundas & Wilson

Contributor

Dundas & Wilson
On 12 October, the Commission announced that it had issued a decision fining Pacific Fruit €8.9 million for its involvement in an agreement with Chiquita to fix the prices of bananas in Southern Europe from July 2004 to April 2005.
UK Antitrust/Competition Law
To print this article, all you need is to be registered or login on Mondaq.com.

On 12 October, the Commission announced that it had issued a decision fining Pacific Fruit €8.9 million for its involvement in an agreement with Chiquita to fix the prices of bananas in Southern Europe from July 2004 to April 2005. Chiquita gained immunity from fines under the leniency programme. Competition Commissioner Almunia commented:

"companies need to be aware that the Commission takes its anti-cartel enforcement duties very seriously. There are only two ways to avoid a fine: refrain from joining a cartel or, if you have fallen for it, repent rapidly and inform."

The Commission found that during the period from July 2004 to April 2005, Chiquita and Pacific Fruit had fixed weekly sales prices and exchanged price information in relation to the import of their respective brands into Italy, Greece and Portugal. With estimated sales of bananas in these countries at that time amounting to €525 million, the Commission treated this as a serious infringement.

This is the second banana cartel decision in recent years - in October 2008, the Commission fined Dole and Weichert €60 million for operating a price-fixing cartel in eight northern EU Member States from 2000 to 2002. Chiquita was also involved in the first cartel, but again received immunity from fines as it was the first to inform the Commission.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More