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 cuts Saint-Gobain car glass cartel fine: recidivism uplift reduced for different subsidiary; earlier infringements can increase fines despite long lapse (Art 101 TFEU; EEA Art 53)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub sets out the position as at the judgment dated 27 March 2014; it is no longer updated. See also: timeline, commentary and related/relevant cases

Case facts Outline

Appeals were brought before the General Court seeking to annul in part, and to cut the level of the fine, arising from the commission’s decision of 12 November 2008 (as modified by the decision of 11 February 2009). That decision found breaches of Article 101 TFEU and Article 53 of the EEA Agreement and levied a record individual penalty of €896m, later reduced to €880m, on Saint‑Gobain, with total fines exceeding €1.35b on Saint‑Gobain and three other group entities, for taking part in an EEA‑wide car glass cartel between 1998 and 2003. The issues include recidivism, and, in particular, whether intervals between infringements prevent the Commission from relying on earlier infringements as a basis for applying an uplift in its fine calculation...

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