Tuesday, July 23, 2013
Posted by D. Daniel Sokol
Eric Barbier de La Serre and Eileen Lagathu (Jones Day) describe The Law on Fines Imposed in EU Competition Proceedings: Faster, Higher, Harsher.
ABSTRACT: Although in 2012 the Commission adopted few decisions imposing fines, in TV and computer monitor tubes it imposed a record aggregate fine of €1.47 billion and granted a record reduction of the fine for inability to pay.
The General Court has delivered important judgments on the ne bis in idem principle, partial immunity, recidivism, and inability to pay, as well as the calculation of fines for obstruction, non-compliance with a decision finding an infringement, and gun jumping.
The EU Courts have become increasingly harsh with offenders, and less inclined to exercise their theoretically broad powers of review on fines.