CASE COMMENTS: ANTICOMPETITIVE PRACTICES – EUROPEAN UNION – FINES – TRANSFORMED PRODUCTS – JOINT SUBSIDIARY

Transformed products: The Court of Justice of the European Union dismisses the appeal brought against the judgement of the General Court of the European Union in the global market for cathode ray tubes and confirms the possibility for the European Commission to take into account the value of the sales of cathode ray tubes through transformed product, especially when the latter are produced by mother companies of a joint venture, belonging to the same undertaking, within the meaning of the article 101 TFEU (LG Electronics)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Following on from its judgment in InnoLux, the Court validates the inclusion of intra-group sales for the purposes of determining the value of sales, not only in the case of a vertically integrated subsidiary and its parent company, but also in the case of two parent companies and a joint subsidiary (as regards the Court's judgment in InnoLux v Commission, Mr. K. K., the Court of Justice of the European Communities, judgment of the Court of Justice of the European Communities in Case C-197/99), the Court of First Instance of the European Communities, in its judgment in InnoLux v Commission of the European Communities, held in Case C-197/99 (reference to

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  • European Court of Justice (Luxembourg)

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Ludovic Bernardeau, Transformed products: The Court of Justice of the European Union dismisses the appeal brought against the judgement of the General Court of the European Union in the global market for cathode ray tubes and confirms the possibility for the European Commission to take into account the value of the sales of cathode ray tubes through transformed product, especially when the latter are produced by mother companies of a joint venture, belonging to the same undertaking, within the meaning of the article 101 TFEU (LG Electronics), 14 September 2017, Concurrences N° 4-2017, Art. N° 85122, pp. 85-86

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