Fines recalculated for Mitsubishi and Toshiba’s roles in cartel

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.

Taking the EGC’s judgment into account, the Commission has set new fines:

Mitsubishi Electric Corporation: 74 817 000 euros

Toshiba Corporation: 56 793 000 euros

Mitsubishi Electric Corporation and Toshiba Corporation jointly and severally: 4 650 000 euros

Full content: EC Press Release

Related content: Best Practices in Article 101 and 102 Proceedings: Some Suggestions for Improved Transparency

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