BRUSSELS, June 11 (Reuters) - Deutsche Telekom
on Tuesday won a legal fight to get EU antitrust
regulators to pay interest on the portion of a fine reimbursed
following an appeal, in what could be good news for a similar
593-million-euro ($638.3 million) claim by Intel ( INTC ).
A score of companies have in recent years sued competition
enforcers for default interest on fines in annulled antitrust
cases, with the claims totalling about 800 million euros. Intel ( INTC )
is the highest profile case.
The Commission imposed a 31 million euro fine on Deutsche
Telekom in 2014 for charging unfair wholesale prices in
Slovakia. A lower tribunal cut the penalty to 19 million euros
and ordered the Commission to pay some 1.8 million euros in
interest.
The EU competition enforcer subsequently repaid the
difference to Deutsche Telekom, but not the interest for the
period between the payment and the reimbursement.
The Luxembourg-based Court of Justice of the European Union
(CJEU) sided with the German telecoms operator.
"The (European) Commission must pay interest on fines it has
unduly imposed in competition matters and which it has
provisionally collected," judges said.
"That interest is intended to compensate, at a standard
rate, the undertaking concerned for the loss of enjoyment of the
amount in question," they said.
The CJEU said the lower tribunal was right to hold that the
applicable interest rate which the Commission is required to pay
to Deutsche Telekom is the European Central Bank (ECB)
refinancing rate increased by 3.5 percentage points.
Intel's ( INTC ) claim for 593 million euros in interest is on a
reimbursed fine of 1.06 billion euros from a case overturned in
2022. A number of airlines fined for taking part in an air cargo
cartel are also seeking interest for their annulled fines.
The ruling is final and cannot be appealed.
The case is C-221/22 P Commission v Deutsche Telekom.
($1 = 0.9290 euros)