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...

CJEU dismisses Versalis appeal; confirms single‑undertaking attribution in synthetic rubber cartel; dismisses Commission cross‑appeal on recidivism uplift (EU competition law)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

—this hub is an archive that sets out the position as at the judgment dated 13 June 2013; it is no longer being updated. See further: timeline, commentary and related/relevant cases.

Case facts Outline

Versalis SpA (formerly Polimeri Europa SpA) lodged an Appeal against the General Court's ruling, which in part upheld the Commission's decision finding an Infringement and imposing a €272.25m fine, to be paid jointly and severally by Versalis and its parent, Eni SpA, for their alleged role in a European-wide Cartel covering the supply of butadiene rubber and emulsion styrene butadiene rubber (hereafter BR and ESBR respectively, or together 'synthetic rubber') between 20 May 1996 and 28 November 2002. While confirming the breach, the General Court reduced the penalty to €181.5m, concluding that the 50% increase applied for recidivism had not been substantiated by the Commission. The European Commission brought a cross-appeal, seeking to overturn the General Court's judgment insofar as it annulled the contested decision's assessment of aggravating circumstances (namely repeated infringements) and, as a direct result, lowered the fine set by the Commission...

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