by Kevin Coates | Jul 5, 2016 | Cartels, Commentary, Fines
Summary The short version of this very long post is that the Commission’s current policy of applying the concept of recidivism to the highest level parent that exercises decisive influence over the infringing company appears to unduly punish undertakings that...
by Kevin Coates | Apr 15, 2015 | Cartels, Fines, General
Do the fining rules treat small companies badly? This is an occasional criticism of the 2006 Guidelines on Fines. Is it accurate? Let’s take an intentionally simplified example. Nine companies each have value of sales of 10m euros per year in a product which...
by Kevin Coates | Jan 27, 2014 | Antitrust, Cartels, Featured, Fines
The European Commission’s positions on inability to pay competition fines, and on the failing firm defence under the merger regulation are superficially different, but the underlying policy concern is the same. The Commission’s 2006 Fining Guidelines...
by Kevin Coates | Sep 6, 2011 | Antitrust, Commentary, Featured, Fines
The European Commission levies high fines on companies that break the competition rules. Some of those companies argue that the fines are now too high. So what is too high? If a company breaks the competition rule prohibitions on anti-competitive agreements or the...
