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Toshiba v. Commission - How (Not) to Prove Awareness, and Decisively Influence People

Jacquelyn MacLennan and Aqeel Kadri, Competition Policy International, August 2016

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On September 9, 2015, the European Union (”EU”) General Court handed down its judgment in Case T-104/13 Toshiba v. Commission (“Toshiba Judgment”),2 one of several challenges to the Decision of the European Commission ( “Commission”) in Case COMP/39.437 – TV and Computer Monitor Tubes ( “CRT Decision”). The Judgment is important in two respects, firstly for its findings on the standard of proof required for a finding of participation in a single and continuous infringement of competition law, and secondly for its application (subject to appeal) of the legal test for the finding of joint and several liability for competition law infringements.

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