The EU Court of Justice refers a case back to the General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon)

CJEU REFERS SMART CARD CHIPS CARTEL CASE BACK TO GCEU, DISMISSES PHILIPS APPEAL On 26 September 2018, the CJEU considered that the GCEU had not taken into account certain possibly mitigating circumstances—namely the relatively small number of Infineon’s unlawful contacts with other cartel participants—and therefore referred the case back to the GCEU for reconsideration on this point. On the same day, the CJEU dismissed an appeal lodged by Philips in its entirety. In September 2014 the EC issued an infringement decision in the smart card chips case and imposed fines totalling EUR 138 million on Infineon, Philips, Renesas and Samsung for

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Authors

  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Brussels)

Quotation

Jacques Buhart, Mai Muto, Philip Bentley, The EU Court of Justice refers a case back to the General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon), 26 September 2018, e-Competitions Bulletin September 2018, Art. N° 89394

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