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Competition Law

Analysis - debate - current awareness

10 DEC 2011

Recidivism in EU antitrust enforcement

I attended a lecture earlier this week on recidivism, an area which has attracted much attention in EU antitrust enforcement over the past few years.  There was definitely ‘food for thought’ to be taken from this lecture, so I thought I would share this with you all ….

- Should concurrent infringements be treated in the same way as recidivism i.e. as an aggravating circumstance for setting the amount of fine?

- Are the fines high enough for recidivists?  Note the stark difference between what the 2006 Fining Guidelines say on recidivism and the Commission’s approach in practice.

- Should recidivists benefit from immunity?  Is this just?  Surely, the fairness concern should be taken seriously since it may impact on the effectiveness of antitrust enforcement.

I’d be interested to hear your thoughts….!

Jessica Burns

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