CASE COMMENTS: PROCEDURES - FINE - CALCULATION - TERRITORIAL COMPETENCE

Fine calculation : The Court of Justice of the European Union admits that the calculation of the fine may take into account other sales than those related to the infringement in order not to artificially minimize the economic significance of the infringement implemented by a vertically integrated company (InnoLux)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In 2010, the Commission condemned six major international LCD manufacturers for their participation in a cartel between 2001 and 2006. This decision was upheld, for the most part, by the Tribunal in 2014. Although the Court dismissed the action for partial annulment of the decision brought by the applicant, it reduced the fine imposed on the applicant on the ground that the Commission wrongly included in the value of the sales other than those of the cartel products. InnoLux then brought an appeal before the Court of Justice seeking, inter alia, a greater reduction in the fine. Although the cartel was implemented within the territory of the

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Alexandre Lacresse, Fine calculation : The Court of Justice of the European Union admits that the calculation of the fine may take into account other sales than those related to the infringement in order not to artificially minimize the economic significance of the infringement implemented by a vertically integrated company (InnoLux), 9 July 2015, Concurrences N° 4-2015, Art. N° 76347, pp. 174-175

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