TRENDS : ANTI-COMPETITIVE PRACTICES - RECIDIVISM - TERMS - RULES - PENALTY

Repeated infringements in anti-competitive practices

Many recent cases, such as the Lafarge case in Europe or, in France, the Orange Caraïbe case, have shown how important is the question of repeated infringements when defining the amount of the fine in antitrust cases. Nevertheless, legal treatment of repeated infringements is still quite unknown. After a general outline presentation of the issue, this study brings together four contrasted points of vue about those rules, for instance their legal basis, the nature of infringements to be taken into consideration, or the period in beetween the different infringements.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Shadows and lights of the treatment of recidivism by the law of anti-competitive practicesIntroduction David BOSCO Aggregate of the Faculties of Law, Professor, University of Nice Sophia-Antipolis 1. Everyone can intuitively persuade themselves that it is right to punish more severely those who have committed the same offence twice. First of all, the very fact of repetition of offences means that the repeat offender is a person who is quick to violate public order, a person against whom it is therefore appropriate to be more severe in order to be a greater deterrent. An aggravated sanction thus has the function of preventing a new offence more reliably

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Authors

  • University Paris II Panthéon‑Assas
  • University of Aix-Marseille
  • Cleary Gottlieb Steen & Hamilton (Brussels)
  • Deloitte (Paris)
  • European Court of Justice (Luxembourg)

Quotation

Laurence Idot, David Bosco, Antoine Winckler, Olivier Sautel, Laurent Truchot, Repeated infringements in anti-competitive practices, December 2010, Concurrences N° 4-2010, Art. N° 32986, pp. 13-32

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