Monday, October 26, 2015
Lukas Ritzenhoff, Hengeler Mueller examines Indirect Effect: Fine Calculation, Territorial Jurisdiction, and Double Jeopardy.
ABSTRACT: Recently, there have been developments in the calculation of cartel fines by the Commission and the ECJ dealt with specific aspects of the Commission's fine calculation. This article summarises the latest developments and provides an analysis including the related issues of territorial jurisdiction and the risk of double jeopardy, which is particularly relevant as more and more jurisdictions are imposing fines on international cartels. The latest related developments in United States and Japan concerning the question what types of sales can be included in the calculation of fines are taken into account.