Jurisdiction(s):
United Kingdom

Key definition

Commission definition

What does Commission mean? In legal practice, a commission is a payment, usually percentage‑based, made to an agent, broker or introducer for securing business or facilitating a transaction. Under UK bribery law, the Bribery Act 2010 (England & Wales, Scotland and Northern Ireland) does not define commission, but criminalises offering, promising, giving, requesting or receiving a financial or other advantage to induce or reward improper performance. A commission may constitute such an advantage depending on intent, knowledge and context; not every commission is a bribe. Transparent, proportionate, contractual commissions for genuine services are generally lawful, whereas concealed or disproportionate payments, particularly to public...

EU cartel settlements: CJEU clarifies hybrid procedure and confirms higher fine for opt-out in Timab/CFPR v Commission (Animal Feed Phosphates)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—12/01/2017)

See further: timeline, commentary and related/similar cases

Case facts

ARCHIVED — this case hub is frozen as at the decision of 12 January 2017 and is not being maintained

Outline

Appeal lodged against the General Court’s judgment, which upheld the Commission decision of 20 July 2010 finding breaches of Article 101 TFEU and Article 53 EEA Agreement and levying a €59.85m fine, jointly and severally, on CFPR and its subsidiary Timab for the latter’s alleged role in a market‑sharing and price‑fixing Cartel relating to animal feed phosphates supplied across the EEA between 1969 and 2004 (‘Animal feed phosphates cartel’). The Commission’s inquiry culminated in a ‘settlement procedure’ in which every implicated undertaking, apart from CFPR/Timab, took part and concluded a settlement with the Commission. On 12 January 2017, the Court of Justice dismissed CFPR/Timab’s appeal in full, confirming in particular that the Commission was entitled to impose a higher penalty on CFPR/Timab than would have applied had CFPR/Timab accepted the mooted settlement (a settlement concluded by all the other cartel participants)...

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