ARTICLE : GUIDELINES - CALCULATION - FINES - COMMISSION - HARDCORE CARTELS - ASSESSMENT - GUIDELINES - UNDERTAKING - AMOUNT - INFRINGEMENT - TURNOVER - MULTI-PRODUCT-UNDERTAKINGS

New EC fines guidelines: Overview of the first cases (2006-2008)

The guidelines on the calculation of fines adopted by the European Commission in 2006 have been put into practice for the first time in five cases on hardcore cartels. By drawing a first assessment, one may notice that, whereas under the former guidelines of 1998, it was the size of the undertaking which predetermined the essential part of the final amount of the fine, this role is henceforth attributed to the by the infringement affected turnover, to the advantage of multi-product-undertakings.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. On 28 June 2006, the European Commission adopted new Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation 1/2003. The Guidelines apply to all anti-competitive practices for which the Statement of Objections was notified from 1 September 2006, i.e. from the date of publication of the Guidelines in the Official Journal of the European Union. 2. These new guidelines succeed those adopted in 1998. As anti-competitive practices, and in particular hard-core cartels, are becoming increasingly sophisticated, the Commission has sought to strengthen the deterrent effect of its action through the use of stricter tools. 3.

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Author

  • French Competition Authority (Paris)

Quotation

Anne Krenzer, New EC fines guidelines: Overview of the first cases (2006-2008), September 2008, Concurrences N° 3-2008, Art. N° 19908, pp. 55-58

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