Thursday, October 6, 2011
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.