By Marieke Datema & Chris Bryant –
This article examines some of the issues that have arisen in relation to the European Commission’s settlement procedure and how settlement cases are handled. The authors consider the complex issues that arise for both the settling and non-settling parties in “hybrid” cases. The article addresses the Commission’s considerable discretion in relation to the initiation and continuation of settlement discussions. Finally, the authors discuss the appeals by Société Générale and Tompla in relation to the fines imposed in recent settlement decisions.
