CASE COMMENTS: CARTEL – ANTICOMPETITIVE OBJECT – FINES

Economic and legal context: The Court of Justice of the European Union dismisses the appeal and explains that the analysis of the economic and legal context of the agreement can be limited to what is strictly necessary to characterize its anticompetitive object, and that market share on a territory broader than that of the agreement can be taken into account in determining the basic amount of the fine (Toshiba Corporation)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In its judgment of 20 January 2016, the Court of Justice dismissed the appeal brought by Toshiba Corporation in the power transformers cartel case, in which the Commission had fined Toshiba Corporation €13.2 million (decision of 7 October 2009, COMP/39.129), a decision upheld by the General Court of the EU (Trib. EU, 21 May 2014, Case T-519/09). It should be remembered that this was a practice of territorial market-sharing, the Japanese producers having concluded a "gentlemen's agreement" with their European counterparts under which the Europeans undertook to refrain from selling in Japan, while the Japanese undertook to refrain from selling in

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Anne-Sophie Choné-Grimaldi, Economic and legal context: The Court of Justice of the European Union dismisses the appeal and explains that the analysis of the economic and legal context of the agreement can be limited to what is strictly necessary to characterize its anticompetitive object, and that market share on a territory broader than that of the agreement can be taken into account in determining the basic amount of the fine (Toshiba Corporation), 20 January 2016, Concurrences N° 2-2016, Art. N° 79088, pp. 92-94

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