Powered by Lexis+®
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...

Read More Right Arrow

EU General Court upholds Commission’s electrolytic capacitors cartel decision, confirms fines and findings on single infringement, jurisdiction, leniency and recidivism; appeals pending

Practice notes
imgtext

ARCHIVED - this archived case hub sets out the position as at the judgment of 29 September 2021 and is no longer updated. NOTE - appeals were filed before the Court of Justice in Cases C- 757/21, C- 759/21 and C- 786/21. See the timeline and related/relevant cases.

Case facts Outline

Actions before the General Court sought Annulment of the Commission’s decision of 21 March 2018, which found a Cartel exchanging sensitive information to align future conduct and avoid price rivalry in the market for electrolytic capacitors (used to store electrical energy), and levied fines totalling €253.935m (AT.40136).

Latest development

On 29 September 2021, the General Court rejected the applications and upheld the Commission’s fines.

Parties

  • Applicants:
    • Nec Corporation (Nec)
    • Nichicon Corporation (Nichicon)
    • Tokin Corp (Tokin)
    • Rubycon and Rubycon Holdings (Rubycon)
    • Nippon Chemi-Con Corporation (Nippon)
  • Defendant: European Commission (the Commission)

Background

The inquiry commenced in March 2014, with steps taken by several competition authorities around the world (including information requests issued by the Commission), followed by further measures thereafter. The Commission confirmed that it was investigating in early June 2015...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 27/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow