Case C- 623/15 P Toshiba v Commission (TV tubes cartel) [Archived]
Case C- 623/15 P Toshiba v Commission (TV tubes cartel) [Archived]

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  • Case C- 623/15 P Toshiba v Commission (TV tubes cartel) [Archived]
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Case C- 623/15 P Toshiba v Commission (TV tubes cartel) [Archived]

CASE HUB (date of judgment—18/01/2017)

See further: timeline, commentary and related/similar cases

Case facts

ARCHIVED—this archived case hub reflects the position at the date of the decision of 18 January 2017; it is no longer maintained.

OutlineAppeal brought against the judgment of the General Court only partially annulling the Commission decision of 5 December 2012 finding infringements of Article 101 TFEU and Article 53 EEA Agreement and, thus, maintaining that Toshiba remain jointly and severally liable for the conduct of a former joint venture regarding the joint venture's direct participation in a cartel concerning the supply of the supply of cathode ray tubes ('TV tubes cartel').

On 18 January 2017, the Court of Justice dismissed Toshiba's appeal in its entirety, thus confirming the €82.8m fine imposed jointly and severally on Toshiba (along with Panasonic and Toshiba's former joint venture, Matsushita Toshiba Picture Display Co Ltd (MTPD)—now called MT Picture JV) for MTPD's participation in the cartel on the market for cathode ray tubes for TVs.

The appeal focuses on issues regarding joint and several liability and the imputability of a subsidiary's' illegal behaviour to its parent—including in relation to joint ventures.

PartiesAppellant: Toshiba Corp (Toshiba)
Defendant: European Commission

Toshiba is a Japanese based company that was involved in the production and sales of
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