MITSUBISHI & TOSHIBA WIN LANDMARK CASE

15 Jul, 2011

Baker & McKenzie and White & Case Represent Technology Giants in Landmark Case

Global law firms Baker & McKenzie and White & Case represented Japanese technology giants Mitsubishi Electric and Toshiba in a series of price-fixing cases before the EU General Court, and have been victorious.

Baker & McKenzie represented Mitsubishi before the European Union’s General Court in Luxembourg in an appeal to overturn fines of EUR118.58 million. In a judgment handed down  on 12 July, the European General Court annulled in its entirety a fine imposed on Mitsubishi Electric in respect of a cartel investigation into gas insulated switchgear.

The Court also overturned a fine of €90.9m against Toshiba, represented by White & Case.
In January 2007, the European Commission imposed a fine on the two companies, along with Fuji Electric and Hitachi, for allegedly being part of a European and Japanese cartel participating in price fixing over the sale of electrical components, an infringement of EU competition law.

The General Court’s judgment to annul the fine was made on the basis that the Commission had infringed the principle of equal treatment in calculating the fine.
 
The Baker & McKenzie team was led by London EU, Competition & Trade Partner Ross Denton and included Brussels EU & Competition Partner Kurt Haegeman, Brussels Counsel Joost Haans, and London Associates Jaishree Vyavaharkar, James Robinson and Mayuko Roald.

The White & Case team was led by partners Jacquelyn MacLennan and Axel Schulz.

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