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 competition law: CJEU dismisses GIS cartel appeals—Siemens fine confirmed; Mitsubishi Electric and Toshiba infringements upheld; clarifies single and continuous infringement and deterrent multipliers

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

— this archived case hub sets out the position at the judgment date of 19 December 2013; it is no longer maintained. See further: timeline, commentary and related/relevant cases

Case facts

Outline Appeals were brought against rulings of the General Court upholding the commission decision of 24 January 2007, as regards infringement findings against Siemens, Toshiba and Mitsubishi Electric for their alleged participation in a price-fixing cartel for gas insulated switchgear ('Switchgear cartel'). The case also examines (among other things) the method for establishing a 'single and continuous infringement' and the Commission's calculations of fines under the guidelines in that context.

Parties

Appellants:

Mitsubishi Electric Corporation (Mitsubishi)
Toshiba Corporation (Toshiba)
Siemens AG (Siemens)

Other party: European Commission

Background

The Commission imposed fines totalling €750.71m on 20 European and Japanese companies (comprising 11 group companies) for their participation in a gas insulated switchgear (GIS) cartel between 1988 and 2004. The decision detailed that, from at least 1998, through to 2004, the companies involved together set up and operated a scheme for rigging bids and fixing prices...

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