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...

Donau Chemie v Commission (T-406/09): EU General Court adjusts leniency reduction, partially annuls fine calculation in calcium carbide cartel, reducing penalty from €5m to €4.35m

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 14 May 2014; it is no longer maintained.

Case facts Outline

Appeal to the General Court seeking annulment or a reduction of fines arising from the Commission’s decision of 22 July 2009, which found breaches of Article 101 TFEU and Article 53 EEA and levied a €5m penalty in connection with Donau Chemie AG’s alleged role in a calcium carbide and magnesium Cartel between 2004 and 2007 ('Calcium carbide cartel'). The dispute centres on the methodology and practical steps for calculating a fine for infringing the competition rules.

Parties

Applicant: Donau Chemie AG (Donau Chemie)
Defendant: European Commission

Donau Chemie is an Austrian chemical undertaking that manufactures calcium carbide and subsequently supplies calcium carbide granulates and calcium carbide powder to the gas and steel sectors respectively.

Background

Following an immunity application filed by Akzo Nobel under the 2002 Leniency Notice, the Commission conducted unannounced inspections in January 2007 at the premises of several suppliers of calcium carbide and magnesium. In June 2008, the Commission issued a Statement of Objections to a number of undertakings operating in this field...

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Web page updated on 21/05/2026

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