CASE COMMENT : PROCEDURE - EC LAW - CARTEL FINES

Fines: The European Commission may file a counterclaim for an increase in the level of the fine inflicted upon a cartel member (Carbon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Between 1999 and 2006, the CFI reduced the Commission's total cartel fines by around 23%. This "generosity" helps to explain why almost 85% of cartel fine decisions are appealed (C. Veljanovski, "Cartel Fines in Europe: Law, Practice and Deterrence", 30 World Competition 2007, p. 65). The litigation stage is thus widely perceived as a natural step in cartel proceedings. However, recent developments in case law show that appeals are not without risk of the fines being revised upwards by the judge. The Community courts are empowered, by virtue of their unlimited jurisdiction, not only to cancel or reduce the fine imposed by the Commission but also to

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  • European Court of Justice (Luxembourg)

Quotation

Pascal Cardonnel, Fines: The European Commission may file a counterclaim for an increase in the level of the fine inflicted upon a cartel member (Carbon), 8 October 2008, Concurrences N° 4-2008, Art. N° 22360, pp. 130-132

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