Brussels, 24/04/2015 (Agence Europe) - On Friday 24 April, the Court of Justice of the EU upheld the fine imposed by the European Commission on Korean producer of liquid crystal display panels (LCD panels) LG Display for its involvement, along with five other producers in a cartel from 2001 until 2006.
In rejecting the appeal lodged by LG Display, the Court confirmed the ruling delivered by the General Court of the EU in February 2014, reducing the €215 million fine to €210 million (see EUROPE 11028). The Court dismissed the argument, advanced by LG Display to have the fine further reduced, that the Commission should not have taken into account the sales of LCD panels by the company to its parent companies (LG Electronics and Philips). The Court found that LG Display does not form a single undertaking with its parent companies and therefore does not constitute a “vertically-integrated undertaking” so those sales must be regarded as sales made to independent third parties (external sales).
Furthermore, even in the absence of any evidence that the sales of LCD panels by LG Display to its parent companies were affected by the infringement, the Commission was entitled to take those sales into account in calculating the fine. The simple fact of those sales having been made on the market affected by the infringement is a sufficient reason for doing so, the Court said. (Jan Kordys)