CASE COMMENTS: PROCEDURES (FRANCE) - COMPETITION PROCEEDINGS BEFORE THE COMMISSION - PRIVILEGE AGAINST SELF-INCRIMINATION - LENIENCY

Self-incrimination - Leniency: The ECJ holds that firms cannot be forced to self-incriminate, but suggests that they are encouraged to do so (Acerinox - ThyssenKrupp)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 14 July 2005, Acerinox v. Commission, Case C-57/02 P – ECJ, 14 July 2005, ThyssenKrupp Stainless and ThyssenKrupp Acciai speciali Terni v Commission, Joined Cases C-65/02 P and C-73/02 P If the epilogue to the Alloy Surcharge case is worthy of interest, it is mainly because it illustrates the extent to which the incentive - a cash incentive - may appear preferable to coercion, not only for the companies prosecuted but also for the Commission. It has long been known that the power of coercion granted to the Commission in proceedings under Articles 81 and 82 of the EC Treaty ceases where the right of an undertaking suspected of having participated in

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  • European Court of Justice (Luxembourg)

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Fabien Zivy, Self-incrimination - Leniency: The ECJ holds that firms cannot be forced to self-incriminate, but suggests that they are encouraged to do so (Acerinox - ThyssenKrupp), 14 July 2005, Concurrences N° 4-2005, Art. N° 1058, pp. 118-119

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