Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, October 6, 2011

Cartel Recidivism in the Mirror of EU Case Law

Posted by D. Daniel Sokol

Marc Barennes and Gunnar Wolf address Cartel Recidivism in the Mirror of EU Case Law.

ABSTRACT: Recidivism is an aggravating circumstance that the Commission has taken into consideration when increasing the basic amount of the fine in more than 40 % of the cartel decisions that it has adopted over the past five years. This article shows that the legal framework and the requirements for a finding of cartel recidivism as well as the principles guiding the determination of a fine increase have now been extensively defined in EU case-law. Some issues, such as the precise time limit after which a prior infringement may no longer be taken into consideration or the GC's unlimited jurisdiction to review the rate in the fine increase, remain nonetheless open for debate.

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