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5 Public Sanctions

Hans Gilliams, Jan Bocken, Tristan Baumé, Ralf Sauer

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Cartels — European Union — Fining Guidelines — Regulation 1/2003 — Fines/Penalties

A solid understanding of the fine calculation methodology is crucial to any practitioner dealing with a cartel case, and practitioners Hans Gilliams, Jan Bocken, and Tristan Baumé (Eubelius, Brussels) examine and explain the European Commission’s fining policy and fining guidelines. They focus on the principle of proportionality, immunity, and fine reductions following leniency, inability to pay, limitation periods, and the tax deductibility of fines. Cartel enforcement typically goes hand in hand with very high fines and Ralf Sauer (Legal Service, European Commission) addresses the Commission’s law sanctions (Article 23 of Regulation 1/2003) as well as the Charter of Fundamental Rights of the European Union from the public enforcer’s perspective. His insights are of great practical value and should be read in conjunction with the viewpoints expressed by the private practitioners to capture the nuances in full.

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