In November 2019, the Court of Justice issued judgments in four cases arising out of the Commission’s 2014 decision in Power Cables. In the decision, the Commission found several European, Japanese, and Korean high-voltage power cables producers to have engaged in a cartel and imposed fines totaling €302 million.[1] The scope of the infringement included both the power cables and their accessories. Most of the addressees challenged the decision in the General Court, in each case unsuccessfully, and subsequently in the Court of Justice. This month, the Court of Justice rendered judgments on the appeals filed by ABB Ltd and ABB AB (“ABB”), Silec, Brugg Kabel, and LS Cable, partially upholding ABB’s appeal while dismissing the other three appeals.[2]

The Court of Justice partially upheld ABB’s appeal, finding that the General Court’s evidential standard for reviewing the scope of the infringement was incorrect. In rejecting Silec’s appeal, the Court discussed, in particular, the significance of public distancing in cartel cases. Similarly, the Court rejected both Brugg’s and LS Cable’s appeals, finding the grounds of their appeals unfounded.

[1]      Power cables (Case AT.39610), Commission decision of April 2, 2014.

[2]      ABB Ltd and ABB AB v. Commission (Case C593/18 P) EU:C:2019:1027; Silec Cable and General Cable v. Commission (Case C-599/18 P) EU:C:2019:966; Brugg Kabel AG and Kabelwerke Brugg AG Holding v. Commission (Case C591/18 P) EU:C:2019:1026; LS Cable & System Ltd v. Commission (Case C596/18 P) EU:C:2019:1025.