In this issue:
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Addressing Large Cartel Fines
Appealing Fines in the Competition Appeal Tribunal: An Uphill Struggle?
his article focuses on two particular aspects of this line of case law: the status accorded to the OFT’s Guidance on penalties and the principle of equal treatment, and then considers the implications of the CAT’s approach for parties seeking to appeal penalties.
Cartels, Fines, and Due Process
I consider that the Commission’s current enforcement system based on deterrent administrative fines has been a tremendous success.
The Court of Justice and Unlimited Jurisdiction: What Does it Mean in Practice?
Article 229EC provides that the Community Courts may, by Regulation, be given unlimited jurisdiction as regards sanctions decided under the Regulation in question.
Does the European Commission Provide Parties with a Proper Opportunity to be Heard on the Level of Fines?
Given the very serious impact of fines at their current level, consideration should be given to whether there is better way of providing parties with a hearing in relation to the level of fines.
The Significance of the Intel Fine
Headline-Grabbing Intel Fine Hides Article 82 EC Enforcement Concerns
The Intel case raises significant questions about the effectiveness of the Commission’s enforcement policies and practices.
The Price of Abuse: Intel and the European Commission Decision
The May 13, 2009 decision by the European Commission (“ECâ€) holding that Intel violated Article 82 of the Treaty of Rome and should be fined a record amount and prohibited from engaging in certain conduct, set off a predictable four part chorus of denunciation.
Of Current Interest
Competition Policy and Property Rights
The analysis focuses on whether competition law and regulation are complements or substitutes, and on incentives for investment and (sequential) innovation.
