CASE COMMENT: ANTICOMPETITIVE PRACTICES - PRINCIPLE NE BIS IN IDEM - PRESUMPTION OF IMPUTABILITY OF A SUBSIDIARY’S PRACTICES TO ITS MOTHER COMPANY - SETTING OF FINES

Setting of fines: The CFI rejects most of the ground for annulment formed against Speciality Graphites the decision, but lowers the level of fines (Tokai Carbon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 15 June 2005, Tokai Carbon and Others v Commission, "Specialty Graphites", Joined Cases T-71/03, T-74/03, T-87/03 and T-91/03. Following the Graphite Electrodes decision of April 29, 2004, already commented on in the first issue of this review (ConcurrencesNo. 1-2004, p. 51), the Group is now in the process of developing its graphite electrode business.), the recent judgment of the CFI in the "Special Graphites" cartel case once again contains many lessons on recurring cartel issues. We will comment here in particular on three subjects addressed by the CFI, namely (a) the ne bis in idem principle, (b) the question of whether or not there is a

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Michel Debroux, Setting of fines: The CFI rejects most of the ground for annulment formed against Speciality Graphites the decision, but lowers the level of fines (Tokai Carbon), 15 June 2005, Concurrences N° 3-2005, Art. N° 1163, pp. 69-71

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