CASE COMMENTS: PROCEDURES – EUROPEAN UNION – JUDICIAL REVIEW – FINE – UNLIMITED JURISDICTION

Unlimited jurisdiction: The Court of Justice of the European Union upholds the judicial review of the General Court of the European Union on certain elements of the cartel and criticizes, for the same reason, the latter’s proportionality review on the amount of the fine (Infineon Technologies)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. That case raised mainly two procedural questions: the first, on the intensity of the review of legality which the Court of First Instance may exercise over Commission decisions on anti-competitive practices and, the second, on the assessment by the Court of First Instance of the amount of the fine within the framework of its unlimited jurisdiction. In the present case, those two questions are linked by the same complaint, which the Court first dismisses and then upholds. In the present case, the Commission had penalised the applicant for its participation in a single and continuous infringement in the cartel of card chips (Com. eur., 3 Sept. 2014,

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Alexandre Lacresse, Unlimited jurisdiction: The Court of Justice of the European Union upholds the judicial review of the General Court of the European Union on certain elements of the cartel and criticizes, for the same reason, the latter’s proportionality review on the amount of the fine (Infineon Technologies), 26 September 2018, Concurrences N° 1-2019, Art. N° 89327, pp. 167-168

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