Case C- 408/12 P YKK and Others v Commission (Fasteners cartel) [Archived]

Published by a LexisNexis Competition expert
Practice notes

Case C- 408/12 P YKK and Others v Commission (Fasteners cartel) [Archived]

Published by a LexisNexis Competition expert

Practice notes
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CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 4 September 2014; it is no longer maintained.

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Case facts

OutlineAppeal brought against the judgment of the General Court upholding the Commission decision of 19 September 2007 as it relates to YKK Corporation and its subsidiaries' participation in a price-fixing cartel for fasteners and attaching machines ('Fasteners cartel'). The case focuses on issues relating to Joint and several liability and, in particular, the calculation of the 10% turnover upper limit for fines imposed in the context of successive Liabilities.
PartiesAppellants:• YKK Corporation (YKK)• YKK Holding Europe BV (YKK Holding)• YKK Stocko Fasteners GmbH (YKK Stocko)Other party: European Commission YKK, a Japanese company, is a global leader in the market for zip fasteners and is active in 'other fasteners’ sectors. YKK's Wholly-owned subsidiary, YKK Holding (purely a financial Dutch holding company), has 24 subsidiaries active in the manufacture and supply of buttons and fasteners. YKK Stocko (a German company and formerly
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Jurisdiction(s):
United Kingdom
Key definition:
Joint and several liability definition
What does Joint and several liability mean?

Joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person.

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