CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - PRICE FIXING – INCLUSION OF SALES IN THE EEA OF FINISHED PRODUCTS
LCD Cartel : The Court of Justice of the European Union refuses to follow the conclusions of the Advocate General Wathelet and considers that the Commission could have imposed a fine on a company, taking into account the value of intragroup deliveries (Innolux)
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It will be recalled that Advocate General Wathelet had concluded that the judgment of the Court of First Instance in the LCD cartel case and the Commission's decision in this case should be set aside, in so far as they had decided that the fine imposed on an undertaking could legally take into account the value of intra-group supplies of active matrix liquid crystal display panels to that undertaking's factories in China and Taiwan, subsequently incorporated into finished products sold in the EEA, thereby committing an error of law (see Concl. AG Melchior Wathelet, 30 April 2015, InnoLux v Commission, Case C-231/14, obs. M. B.-T).
By the present judgment of
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