Commitment Decisions: Is the Sky the Limit? - Commentary to Judgment of the General Court (Eighth Chamber) of 15 September 2016, Case T-76/14, Morningstar, Inc. v European Commission

Abstract

In its judgment of 15 September 2016, the General Court ruled on whether the commitments offered by Thompson Reuters to the European Commission during an investigation of a possible abuse of dominant position were sufficient to address the competition concerns identified by the Commission. This is only the second time the Court of Justice of the European Union ruled on Commission decisions rendering binding the commitments offered by an undertaking Article 9 of Regulation 1/2003. With regard to standing, the General Court ruled the appeal lodged by a competitor admissible. As for substance, the General Court generally confirmed the previous case law. It ruled on the commitments meet the competition concerns identified by the institution, the different proportionality standard in Article 9 decisions as compared to Article 7 Regulation 1/2003 decisions (formal decision finding an infringement), and the limited scope of judicial review of the Court of Justice of the European Union in these appeals.