Thursday, August 30, 2018

The Law on Fines Imposed in EU Competition Proceedings: Converging Towards Hazier Lines

Eric Barbier de La Serre and Eileen Lagathu describe The Law on Fines Imposed in EU Competition Proceedings: Converging Towards Hazier Lines.

ABSTRACT: 2017 was about achieving greater convergence among competition authorities through harmonisation of the main procedural aspects of their fining policies. Efforts were also made to achieve greater convergence between the different fields of Competition Law, by modelling the fining methodology for infringements of merger control rules on that applicable to violations of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). However, as will be seen below, this quest for consistency may be endangered by the recent blurring of the individualisation of the fine on account of the significant discretion left to the Commission concerning the stage(s) at which the gravity of the undertaking’s behaviour is undertaken.

https://lawprofessors.typepad.com/antitrustprof_blog/2018/08/the-law-on-fines-imposed-in-eu-competition-proceedings-converging-towards-hazier-lines.html

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