Saturday, 29 May 2021

European Commission re-adopts ICAP cartel fine in Yen Interest Rate Derivatives market

 

European Commission re-adopts ICAP cartel fine in Yen Interest Rate Derivatives market

 

The European Commission has re-adopted a cartel decision against ICAP plc (now NEX International) imposing EUR6.45 million fines for facilitating five cartels in the Yen Interest Rate Derivatives trading market.

The original Commission decision was made in 2015 but in November 2017 the General Court annulled one of the six of the infringements and reduced the duration of four.  In July 2019 the Court of Justice dismissed the Commission’s appeal.  As ICAP did not appeal, its liability for the five remaining infringements was made final.

The Commission says that its re-adopted decision cures the procedural defects found by the General Court.  It maintains that re-adopting the decision in this way is necessary for deterrence and enforcement.  The ability of the Commission to re-adopt decisions which are challenged on appeal is somewhat unusual.  It has been questioned how this approach is compatible with limitation rules.

https://ec.europa.eu/commission/presscorner/detail/en/mex_21_2744

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