The EU Court of Justice partially annuls a Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)

On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the Commission imposed total fines of € 116 million on eight suppliers of ODDs for coordinating their behaviour in relation to procurement tenders organised by two computer manufacturers (Dell and Hewlett Packard) in breach of Article 101 TFEU. In its decision, the Commission found that the suppliers of ODDs manipulated quarterly procurement procedures by communicating their intentions regarding bidding strategies, by sharing results of procurement tenders and by

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  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Lynn Waem, Steve Ross, Richard Burton, The EU Court of Justice partially annuls a Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel), 16 June 2022, e-Competitions August 2022, Art. N° 107666

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