Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon..
AbstractThe aim of this article is to analyse a powerful competence available to antitrust authorities in Europe in the form of the imposition of fines for the failure to cooperate within antitrust proceedings. While fines of that type are imposed in practice very rarely, the article considers the existing decisional practice of the Polish antitrust authority as well as the European Commission, and presents the way in which their approach has evolved throughout the years. The article analyses also the question of the formal initiation of proceedings concerning procedural violations and the importance of the use of a uniform and fair approach towards the scrutinized undertakings, especially as fine graduation is concerned. For that purpose, the article provides also a comparative analysis of past proceedings conducted by the European Commission and selected judgments of EU Courts.
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Bibliographic InfoPaper provided by University Library of Munich, Germany in its series MPRA Paper with number 38523.
Date of creation: 2011
Date of revision:
fines; antitrust proceedings; dawn raid; inspection; cooperation; procedural infringements;
Find related papers by JEL classification:
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2012-06-13 (All new papers)
- NEP-COM-2012-06-13 (Industrial Competition)
- NEP-HME-2012-06-13 (Heterodox Microeconomics)
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