Mitigation of fine and competition law: An overview of EU and national case law

Introduction Mitigation - the adjustment of a prescribed sanction towards a lighter penalty - immediately recalls the universal legal training, in particular criminal law, of arriving to an individual sanction within a legally set range by considering the offender’s personal responsibility, namely his or her fault, participation and background (as would, conversely, aggravation). Yet, despite the recently confirmed criminal nature of competition law sanctions [1], the present survey of cases shows, in the most interesting way, an idea of mitigation which strongly deviates from this personal responsibility model and is a product of essential competition law concerns. The interaction between European Union and national competition law, notably the here reported National Competition

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Luís Silva Morais & Associados (Lisbon)
  • University of Tilburg - Center for Law and Economics (TILEC)

Quotation

Luís D. S. Morais, Francisco Costa Cabral, Mitigation of fine and competition law: An overview of EU and national case law, 18 July 2012, e-Competitions Bulletin Mitigation of the fine, Art. N° 48098

Visites 341

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues