The aggravating circumstance of Recidivism and the principle of legality in the EC fining policy: Nulla poena sine lege?
Article Abstract:
The European Commission often takes into account the aggravating circumstance of recidivism when it imposes fines for the violation of Antitrust Law but to what extent that principle of nulla poena sine lege and non-retroactivity of criminal law is fulfilled by the Commission with regard to legality is analyzed. It is seen that the Commission enjoys a broad discretion in its justification of competition fines but the principles of legality require a more transparent system and it is hoped the influence of ECHR and of the new bias towards criminalisation might improve this situation.
Publication Name: World Competition
Subject: Law
ISSN: 1011-4548
Year: 2006
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Optimal fines in cartel cases and the actual EC fining policy
Article Abstract:
The elements required to set the optimal fine is analyzed with specific reference to the hard-core cartels. The 2006 Guidelines on the European Commission (EC) fines have represented a major step that can easily be plotted within the general trend towards an application of antitrust law more consistent with economic principles.
Publication Name: World Competition
Subject: Law
ISSN: 1011-4548
Year: 2006
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Toward an EU competition court: "Article-6-proofing" antitrust proceedings before the Commission?
Article Abstract:
The proposal for the establishment of an EU Competition court and its implications for the judicial architecture and institutional structure of the EU are evaluated. It suggests a reconciliation of the entire judicial system rather than a complete alteration of the system.
Publication Name: World Competition
Subject: Law
ISSN: 1011-4548
Year: 2007
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