Advocate General Wathelet recommends setting aside the General Court judgment that dismissed the claims brought by one participant to the smart card cartel case without carrying an extensive review of the conduct challenged by the undertaking and of the amount of the fine (Infineon)

On 12 April 2018, Advocate General (“AG”) Wathelet delivered an opinion in which he recommended that the Court of Justice of the European Union (“ECJ”) set aside the General Court’s (“GC”) judgment which had dismissed the claims brought by Infineon in connection with its involvement in the smart card cartel case (see VBB on Competition Law, Volume 2016, No. 12). In his opinion, AG Wathelet focused on two points of law. First, he opined that the case should be referred back to the GC because it had not carried out, in the exercise of its unlimited jurisdiction, an extensive review of the contacts challenged by Infineon. Such a review was necessary to determine whether the amount of the fine imposed by the Commission reflected the gravity of Infineon’s involvement in the cartel. Second, AG

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  • Van Bael & Bellis (Brussels)

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Richard Burton, Advocate General Wathelet recommends setting aside the General Court judgment that dismissed the claims brought by one participant to the smart card cartel case without carrying an extensive review of the conduct challenged by the undertaking and of the amount of the fine (Infineon), 12 April 2018, e-Competitions Bulletin April 2018, Art. N° 86840

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