The European Commission has re-imposed fines on Mitsubishi and Toshiba for their roles in a 20-company cartel for gas insulated switchgears. The fines had been annulled by the European General Court (EGC) in 2011. Although the EGC upheld the Commission’s finding of infringement of Article 101 of the TFEU, the fines for the two companies were annulled because the Commission had not treated them equally in calculating the penalties. The Commission used a different reference year for Mitsubishi and Toshiba than it did for others involved in the cartel because the two companies were involved in a joint venture in the last two years of the cartel.
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