Gleiss Lutz has represented Infineon Technologies AG in a European Commission investigation concerning DRAM chips which has today resulted in the first “settlement” under European competition law. Under the “settlement procedure”, which was introduced in 2008, companies which acknowledge their involvement in an infringement and admit liability can receive up to a 10 % reduction in their fines.
The decision concerns anticompetitive exchange of information among DRAM manufacturers in relation to certain major PC/server OEMs which took place more than eight years ago. Infineon has fully cooperated with the Commission since the beginning of the investigation in 2002. The infringement already formed the subject of an investigation that the U.S. Department of Justice initiated in 2002.
The case has been handled by Dr. Ingo Brinker (Partner, Munich), Dr. Ulrich Soltész (Partner, Brussels) and Christian von Köckritz (Brussels).
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