ARTICLE: EUROPEAN UNION - CARTELS - ABUSE OF DOMINANT POSITION - LIABILITY - SANCTIONS - SINGLE AND CONTINUOUS INFRINGEMENT

Thoughts about the notion of single and continuous infringement in European competition law

The notion of single infringement, mentioned for the first time in the so-called propylene case and initially defined by the Commission to apprehend the cartels and go beyond legal categories of agreement, is from now on used for the application of Article 102 TFEU. This notion enables multiple behaviors to be processed as a single set, which leads to quite a few consequences regarding the extent of the infringement as well as the companies responsibility, and eventually the final amount of the fines imposed.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Since the "modernisation" of European competition law was launched at the end of the 1990s, litigation before the Court of First Instance and the Court of Justice has focused mainly on cartels. In the context of the numerous collective works that she has directed, Geneviève Giudicelli-Delage has always taken care to integrate European competition law and to encourage us to reflect on the merits of its specific features, which, moreover, no one disputes that it is a criminal matter within the meaning of Article 6 Conv. HRT. There is, however, one issue which we have not had the opportunity to discuss: the concept of a single and continuous infringement,

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

Author

  • University Paris II Panthéon‑Assas

Quotation

Laurence Idot, Thoughts about the notion of single and continuous infringement in European competition law, November 2016, Concurrences Nº 4-2016, Art. N° 88661, www.concurrences.com

Visites 1430

All reviews