The EU Court of Justice partly upholds the judgement of the General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon)

On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of background, in 2014, the Commission issued a decision imposing fines totalling €138 million in connection with a cartel on the market for smart card chips used in mobile SIM cards, bank cards, and other applications. According to the Commission, four competing suppliers of smart card chips – Infineon, Samsung, Renesas and Philips – discussed and exchanged sensitive commercial information on pricing, customers and contract negotiations and coordinated their responses to customer demands for lower prices. On 15

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  • Van Bael & Bellis (Brussels)

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Richard Burton, The EU Court of Justice partly upholds the judgement of the General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon), 26 September 2018, e-Competitions Bulletin October 2018, Art. N° 88021

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