Jurisdiction(s):
United Kingdom

Key definition

Cartel definition

What does Cartel mean? In legal practice, a cartel is coordination between competing undertakings to restrict competition, typically price-fixing, rigged bids (collusive tenders), limiting output or setting quotas, or sharing/dividing markets by allocating customers, suppliers, territories or lines of trade. It may take the form of an agreement, decision or concerted practice, including exchanges of commercially sensitive information that align market behaviour. In UK civil competition law this conduct infringes the Chapter I prohibition in the Competition Act 1998; in Ireland it infringes section 4 of the Competition Act 2002 and, where applicable, Article 101 TFEU. The term is a descriptive label...

CJEU upholds Toshiba’s joint and several liability for joint venture’s CRT cartel; decisive influence inferred from veto rights; €82.8m fine confirmed

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—18/01/2017)

For more, see: timeline, commentary and related/similar cases

Case facts

ARCHIVED — this archived case hub captures the position as at the 18 January 2017 decision date; it is no longer being maintained.

Outline

An appeal was lodged against the General Court’s ruling that only partially annulled the Commission decision of 5 December 2012 identifying infringements of article 101 TFEU and Article 53 of the EEA Agreement and, therefore, holding that Toshiba remains jointly and severally responsible for the conduct of a former joint venture arising from that venture’s direct participation in a cartel covering the supply of cathode ray tubes (the ‘TV tubes cartel’). On 18 January 2017, the Court of Justice dismissed Toshiba’s challenge in full, thereby confirming the €82.8m fine imposed jointly and severally on Toshiba (together with Panasonic and Toshiba’s former joint venture, Matsushita Toshiba Picture Display Co Ltd (MTPD)—now called MT Picture JV) for MTPD’s involvement in the cartel on the market for cathode ray tubes for TVs. The appeal centred on questions concerning joint and several liability and the attribution of a subsidiary’s unlawful behaviour to its parent—also in the context of joint ventures...

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