18 october 2021

Fines – Value of sales to which infringement relates
The Guidelines on the method of setting fines do not preclude the Commission from using the sales invoiced rather than sales delivered in the EEA to calculate the value of each undertaking’s sales within that territory.
GC, Case T-342/18 Nichicon Corporation, Judgment of 29 September 2021, LawLex202100005426JBJ

Fines – Compliance program
The implementation of a compliance program which is an aspect internal to the undertaking does not constitute an attenuating circumstance in that it does not alter the fact that it participated in the anticompetitive exchanges.
GC, Case T-342/18 Nichicon Corporation, Judgment of 29 September 2021, LawLex202100005426JBJ