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...

EU General Court annuls Printeos/Tompla Envelopes cartel settlement fine for breach of duty to state reasons regarding paragraph 37 reductions under the 2006 Fining Guidelines

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED — this archived case hub reflects the position as at the judgment date of 13 December 2016 and is no longer maintained. See further: timeline, commentary and relevant/similar cases

Case facts Outline

Appeal to the General Court seeking cancellation or a reduction of the €4.729m fine imposed, on a joint and several basis, on Printeos and its Tompla subsidiaries under the commission’s settlement decision of 14 December 2014, concerning Tompla’s participation in a price-fixing cartel relating to the supply of envelopes in Europe (‘Envelopes cartel’). The matter is confined to issues concerning the calculation of fines and, in particular, the Commission’s discretion (under paragraph 37 of the 2006 Fining Guidelines) to depart, in specific instances, from the Guidelines’ general methodology for setting fines. Such a departure may, for example, be made to ensure penalties are proportionate in the circumstances and, amongst other things, to reflect differences between participants in a cartel. The applicants contend that the Commission did not sufficiently explain why, and on what basis, it exercised that discretion...

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