By Claus-Dieter Ehlermann, Isabela Atanasiu
This is often the 11th within the sequence on ecu pageant legislations and coverage produced by way of the Robert Schuman Centre of the eu college Institute in Florence. the quantity reproduces the fabrics from a roundtable debate which tested the enforcement of the prohibition on cartels. The workshop contributors — senior representatives of the fee and of the nationwide pageant specialists of a few EC Member States, popular foreign teachers, and felony practitioners — mentioned the industrial and criminal matters that come up during this specific sector, together with the unearthing of cartels — the facts, the institutional framework, and the instruments of enforcement.
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Extra resources for European Competition Law Annual 2006: Enforcement of Prohibition of Cartels
In discussing the usual two-step approach in setting the fine, the paper compares the traditional method, followed in the 1998 Commission Guidelines with the—preferred—more economic approach applied in the new (September 2006) Guidelines,6 which set the initial amount by using the volume of sales in the relevant market and the duration of the cartel. The paper discusses further the different aggravating and mitigating criteria which are used in setting the final amount of the fine, such as repeated violations, the presence of intention or negligence, the more active or passive role of the company concerned, its obstructive or cooperative attitude, the ne bis in idem principle, and the capacity to pay.
In practice, the seven components of the US approach can be reduced to three principles: (i) first in and full cooperation; (ii) restitution to the injured party; and (iii) an appreciation of the fairness and propriety of granting leniency to a company. “Amnesty plus” and “penalty plus” are additional elements of the “carrotand-stick” approach. The paper describes how leniency has changed the investigative landscape; how to educate corporate decision-makers; how to react to the service of a subpoena or to a dawn raid; and how to proceed before the Antitrust Division of the DOJ.
Hoffmann-La Roche Ltd. v. S. 155, 164 (2004). See supra point 2, penultimate paragraph. (B) Ehlermann 07 Intro xl 16/10/07 13:58 Page xl Introduction 5. Session Five: Leniency, Financial Incentives and Plea Bargaining a. Written contributions Donald C. Klawiter’s contribution examines leniency in the US. The paper sketches the origins and components of today’s leniency policy. In practice, the seven components of the US approach can be reduced to three principles: (i) first in and full cooperation; (ii) restitution to the injured party; and (iii) an appreciation of the fairness and propriety of granting leniency to a company.