Mar 11, 2015
CPI Europe Column edited by Juan Delgado (Global Economics Group) and Anna Tzanaki presents:
General overview of the European settlement procedure by Jean-François Bellis (Partner, Van Bael & Bellis, Brussels)
Intro by Juan Delgado (Global Economics Group)
Streamlining the investigation of cartels allows the European Commission to handle more cases, thus increasing overall deterrence. This is the underlying logic of the settlement procedure: Companies admit their liability for the infringement and benefit from a reduction of the fine and from a substantially shorter duration of the procedure. Jean-François Bellis presents an overview of the procedure and assesses its application to date. He describes the programme as fairly successful “as shown by the adoption since 2010 of 17 settlement decisions, totalling fines over € 4 billion”. However, a number of issues have yet to be addressed such as the treatment of opting-out companies, the discretion of the Commission to interrupt negotiations and the determination of the questions subject to appeal in the settlement procedure.
Please feel free to send comments and suggestions for future topics to jdelgado@globaleconomicsgroup.com
In the framework of its ongoing efforts to improve and streamline the procedure for fighting cartels, and against the backdrop of a large increase in cartel decisions, the European Commission adopted, on 30 June 2008, a formal settlement procedure, which comprises
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