Jurisdiction(s):
United Kingdom

Key definition

Cartels definition

What does Cartels mean? In legal practice, a cartel is secret or coordinated conduct between competing businesses to remove or reduce rivalry. It typically involves price‑fixing, allocating customers or territories, bid‑rigging, limiting output, or exchanging commercially sensitive information so as to influence market outcomes. “Cartel” is a descriptive term. The underlying prohibitions are found in competition law: in the UK, the Chapter I prohibition in the Competition Act 1998 (mirroring Article 101 TFEU concepts of agreements and concerted practices between undertakings), and the criminal cartel offence for individuals under the Enterprise Act 2002. In Ireland, section 4 of the Competition Act 2002 (as amended) and...

CJEU dismisses Samsung SDI appeal; upholds fines in CRT cartels; confirms EEA sales based on delivery, single continuous infringement, and 40% leniency reduction

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—09/03/2017)

See further: timeline and related/similar cases

Case facts

ARCHIVED — this archived case hub captures the position as at the decision dated 9 September 2017; it is no longer maintained.

Outline

An appeal was lodged against the General Court’s ruling that upheld the Commission’s decision of 5 December 2012, which found breaches of article 101 TFEU and Article 53(1) EEA and levied aggregate fines of €150.8m on Samsung group companies for alleged involvement in two separate cathode ray tube cartels (the ‘TV and computer monitor tubes cartels’). On 9 March 2017, the Court of Justice rejected the appeal in full, thereby confirming the penalties imposed jointly and severally on Samsung SDI and Samsung SDI Malaysia. The case remains significant as it constitutes one of the largest overall fines ever imposed for an EU competition law infringement, even after the General Court reduced penalties for certain other addressees. Among other points, Samsung’s appeal targeted aspects of the methodology for setting fines—including the determination of the relevant sales that the Commission is entitled to consider when establishing the amount of a fine...

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