CASE COMMENTS: CARTELS - EUROPEAN UNION - FACILITATOR - EVIDENCE AS TO THE PARTICIPATION TO THE INFRINGEMENTS - CALCULATION OF THE AMOUNT OF THE FINE - DUTY TO STATE REASONS
Calculation of the amount of the fine: The General Court of the EU partially, but substantially, annuls the Commission decision as to the infringements and totally the fines for breach of the duty to state reasons for the broker ICAP which had been fined as facilitator in the Yen interest rate derivatives cartel (Icap)
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Some will think that a fly has stung the Second Chamber (Extended Composition) of the Court of First Instance and others that it is perhaps rather a detailed irritation to be criticised too often by the Court of Justice for not sufficiently assessing the facts which has led the Court of First Instance to deliver a judgment, the rigour of which can in any event only be commended. For rigour is indeed present in this judgment annulling the Commission's decision in the cartel of yen-denominated interest rate derivatives (see Commission Decision C(2015) 432 final of 4 February 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement
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