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 upholds Commission’s refusal of confidential treatment in Hydrogen Peroxide cartel decision, allowing fuller publication despite leniency and follow-on damages concerns (Akzo, Evonik).

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Practice notes

CASE HUB (Appeal lodged at the Court of Justice by Evonik in Case C– 162/15) ARCHIVED – this archived case hub records the position as at the judgment of 28 January 2015; it is no longer maintained. See further: timeline, commentary and related/relevant cases

Case facts

Actions before the General Court sought to set aside the Commission decision of 24 May 2012, which declined the applicants’ requests for confidential treatment of material intended for inclusion in the published version of the ‘Hydrogen peroxide and perborate Cartel’ decision. On 28 January 2015, the General Court rejected the Annulment claims brought by Akzo and Degussa. The dispute concerns the Commission’s process and latitude in handling confidentiality claims, notably for information submitted within a leniency application—requiring a balance between protecting leniency applicants and safeguarding the effectiveness of the leniency regime, and the interests of potential damages claimants.

Outline

Focus on the Commission’s procedure and discretion regarding confidentiality requests, particularly for leniency-derived information.

Parties

Applicants: Akzo Nobel NV
Akzo Nobel Chemicals Holding AB
Eka Chemicals AB (collectively, Akzo)
Evonik Degussa GmbH (Degussa)
Defendant: European Commission

The Akzo Nobel group of companies operates in healthcare, coatings, chemicals and, until the end of 1999, fibres...

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