Toshiba v. Commission – How (not) to Prove Awareness, and Decisively Influence People

By Jacquelyn MacLennan & Aqeel Kadri

On September 9, 2015, the EU General Court handed down its judgment in Case T-104/13 Toshiba v. Commission. 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 of the legal test for the finding of joint and several liability for competition law infringements.

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