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ARTICLE · 24 MAY 2010

Commission reaches first cartel settlement in memory chip

SJ Berwin LLP
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In what has been hailed as a 'milestone' development, the European Commission ("Commission") has adopted its first settlement decision under its 2008 simplified procedure.

European UnionAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

In what has been hailed as a 'milestone' development, the European Commission ("Commission") has adopted its first settlement decision under its 2008 simplified procedure.  The cartel settlement procedure is aimed at expediting the administrative proceedings leading up to a decision and therefore increasing the Commission's efficiency by freeing it up to take on more cases. 

The Commission has imposed fines of over £331 million on ten producers of memory chips or DRAMS (used in computers and game consoles) for engaging in cartel conduct between 1998 and 2002.   Under the settlement procedure, the fines imposed on the companies have been reduced by the standard 10% on the basis that they have each acknowledged their involvement in the cartel and their respective liability for it. The companies have also waived certain procedural rights (such as full access to the file). 

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