Tuesday, August 28, 2012
Posted by D. Daniel Sokol
Eric Barbier de La Serre and Charlotte Winckler (Jones Day) explain why this past year was A Landmark Year for the Law on Fines Imposed in EU Competition Proceedings.
ABSTRACT: In 2011, there has been a slight slackening of the Commission's crack down on cartels with only four cartel decisions issued and no fines imposed (whether per case or per undertaking) that ranked amongst the 10 highest fines in the history of EU cartel enforcement. On the judicial front, the General Court issued its first rulings on the application of the 2006 Guidelines. The Court provided important interpretations concerning the assessment of gravity, as well as major notions such as those of relevant sales, repeat infringement, obstruction, ringleadership, and joint and several liability.