Global law firm White & Case has obtained a significant victory for client Toshiba Corporation ("Toshiba") in the General Court of the European Union ("GC"). The GC has annulled in full the EUR 90.9 million fine imposed on Toshiba by the European Commission ("Commission") for its alleged participation in the Gas Insulated Switchgear ("GIS") cartel.
Toshiba's fine was annulled on the grounds that the Commission infringed the principle of equal treatment by using a different basis for the fine calculation for Toshiba on the one hand and the European undertakings involved on the other hand.
"This case is one of only a few where the GC has annulled a fine imposed on a company accused of participating in a cartel," said White & Case partner Jacquelyn MacLennan. "We welcome the GC's judgment as it indicates that EU judges are willing to annul a fine where they have fundamental questions on the methodology used."
This is White & Case's second victory before the EU's General Court in as many days, having successfully overturned the whole fine imposed upon Unipetrol a.s. and Kaučuk a.s for their alleged participation in a synthetic rubber cartel.
The White & Case team was led by partners Jacquelyn MacLennan and Axel Schulz in Brussels, with associates Anthony Dawes and Stratigoula Sakellariou.
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