The EU Court of justice clarifies the approach to be taken by the Commission on the issue of internal sales when setting a cartel fine (LG Display)

In Brief On 23 April 2015, the Court of Justice of the European Union (ECJ) dismissed LG Display’s and LG Display Taiwan Co. Ltd’s appeal against a General Court judgment on their liability for fines arising from the LCD cartel. The case is significant because the ECJ has clarified the approach to be taken by the European Commission to the issue of internal sales when setting a cartel fine. Moreover, the ECJ has confirmed that the amount of the fine in a cartel case is solely determined according to the sales made on the market affected by the infringement. These sales are taken into account for fining purposes irrespective of whether the prices in those sales were influenced by the cartel. Background to the ECJ decision On 08 December 2010, the European Commission issued an

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  • Simmons & Simmons (London)
  • Simmons & Simmons (London)

Quotation

Tony Woodgate, Ajit Kainth, The EU Court of justice clarifies the approach to be taken by the Commission on the issue of internal sales when setting a cartel fine (LG Display), 23 April 2015, e-Competitions Bulletin April 2015, Art. N° 77184

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