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The ECJ has delivered its judgment on the European Commission’s appeal against the General Court’s annulment of a Commission decision refusing to grant EnBW access to documents relating to the gas insulated switchgear cartel investigation.
The ECJ has set aside the General Court's judgment, having found that the General Court had wrongly considered that the Commission was not entitled to rely on general presumptions about the application of the exceptions to disclosure in Article 4 of Regulation 1049/2001.
Rather, the ECJ held that the Commission can presume that disclosure of such documents will weaken the protection of the commercial interests of the undertakings involved in the proceedings. This general presumption can be rebutted by demonstrating that a specific requested document is not covered by the presumption, or that there is an overriding public interest in disclosure of the document.
The European Commission has decided to accept commitments offered by Visa Europe to address concerns about its multilateral interchange fees for credit card payments in the EEA.
As part of its commitments, Visa Europe will cut its inter-bank fees to a level of 0.3% of the value of the transaction (a 40-60% reduction) and has agreed to measures to address concerns about the effect of its "cross-border acquiring" rules.
The commitments will apply for four years.
The General Court has delivered its judgments in the appeals brought against the European Commission’s decision in respect of a cartel in the LCD market by InnoLux Corporation, LG Display Co Ltd and LG Display Taiwan Co Ltd.
The General Court reduced the fine imposed on InnoLux from €300 million to €288 million on the basis that InnoLux had mistakenly provided erroneous sales data to the Commission, but had not sought to mislead the Commission.
The General Court further found that the Commission had wrongly taken January 2006 into account when calculating the value of LG Display's sales for the purpose of setting the fine to be imposed on them, despite having granted the company partial immunity for its participation in the cartel in 2006, and accordingly reduced the fine by €5 million.
This article was written by Paul Stone.
For more information please contact Paul on +44 (0)20 7203 5110 or email@example.com