Latham Obtains Large Fine Reduction for Ingram Micro in Appeal Against eBizcuss.com Action

Latham & Watkins has obtained a fine reduction of more than €40 million for its client Ingram Micro, a US distributor of IT products and services and a wholesaler for Apple, in its appeal to the Paris Court of Appeal against the French Competition Authority's decision of March 16, 2020. In this decision, the Authority imposed a record fine on Apple and its wholesalers, Ingram Micro and Tech Data, considering that they had colluded on the allocation of the two wholesalers' customers. The Competition Authority found that this agreement constituted a restriction of competition by object and imposed a fine of €62.9 million on Ingram Micro.

Ingram Micro filed an appeal on July 15, 2020, followed by a hearing on November 4, 2021. On October 6, 2022, the Paris Court of Appeal upheld several of Ingram Micro's appeal arguments, including the argument based on the duration of the alleged infringement, resulting in a substantial reduction in the fine.

Latham represented Ingram Micro in the appeal against this decision with a team led by Paris antitrust partner Adrien Giraud, with Paris antitrust associates Mathilde Ayel and Anne-Claire Théry, and Brussels antitrust associate Clément Pradille.