Court of Justice rejects Samsung appeal in cathode ray tubes cartel

The European Court of Justice has dismissed appeals by Samsung SDI and Samsung SDI (Malaysia) (together, Samsung) against the General Court's judgment on the Commission's 2012 cartel decisions concerning two types of cathode ray tubes (colour picture tube (CPT) and colour display tube (CDT)).

The Court of Justice has rejected arguments that the fine imposed by the Commission should be reduced because it was calculated by reference to sales made outside the EEA.  The Court of Justice confirmed that the value of sales as set out in the Commission’s 2006 Finding Guidelines covers sales made on the market affected by the cartel regardless of whether those sales were actually affected by the cartel.  The Court observed that accepting Samsung’s contention that sales outside the EEA should be excluded from the fine calculation would allow companies to reduce fines based on the location of where the sales were concluded.  It noted also a finding by the General Court that negotiations in Korea affected sales in Europe and were delivered between European warehouses.

The Court of Justice also rejected an argument that the Commission had breached the principle of equal treatment based on a criticism of the Commission’s finding that Samsung SDI had ended its involvement in the cartel after the other participants and that it was effectively being fined for a cartel in which it was the only participant.

Source: Case C-615/15 P - Samsung SDI and Samsung SDI (Malaysia), judgment of 9 March 2017