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Europe Daily Bulletin No. 10988
Contents Publication in full By article 40 / 43
COURT OF JUSTICE OF THE EU / (ae) cartels

Court rejects appeals by Siemens, Mitsubishi and Toshiba

Brussels, 19/12/2013 (Agence Europe) - On 19 December, the Court of Justice of the EU rejected the appeals brought by Siemens AG, Mitsubishi Electric and Toshiba (cases C-239, 489 and 498/11 P) against the General Court's rulings of 2011 confirming participation by those three companies in a cartel on the market for gas insulated switchgear (GIS), on which the European Commission had imposed penalties in 2007. It upholds the fine of €396.56 million imposed on Siemens, as well as participation by Mitsubishi and Toshiba in the cartel. The General Court, to which the three companies had appealed against the 2007 decision, rejected the action brought by Siemens and maintained the amount of the fine imposed by the Commission against that company (see EUROPE 10328). On the other hand, it annulled the fines of €113.92 and €86.25 million imposed on Mitsubishi and Toshiba respectively (see EUROPE 10417), ruling that, in its calculation, the Commission had been in breach of the principle of equal treatment. It had, however, confirmed the participation of the two companies in the cartel. In the meantime, the Commission has calculated the fines again, fixing them at €74.82 and €56.79 million respectively, with a further amount of €4.65 million joint and severally. The General Court is currently examining the appeals being brought by the two companies against the new decision. In the same case, the Court is currently examining five appeals brought by other companies that were part of the cartel (Areva, Alstom, Siemens Österreich, Siemens Transmission & Distribution and Nuova Magrini Galileo). (FG/transl.jl)

 

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EUROPEAN COUNCIL
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COURT OF JUSTICE OF THE EU
BUSINESS NEWS NO 86