The following Competition practice note Produced in partnership with Skadden Arps Slate Meagher & Flom LLP provides comprehensive and up to date legal information covering:
The power of the European Commission to impose fines for infringements of EU competition law is an important tool in its enforcement armoury. The 2006 Fining Guidelines are the unique reference point used by the Commission to determine its fines.
As part of its judicial review, the General Court has the authority to exercise unlimited jurisdiction to review whether a fine for competition infringements is fair and proportionate. This means that the General Court has the power to either reduce or increase a penalty that has been set by the Commission using its own guidelines. Hence the General Court is not bound to follow the Commission’s guidelines. However in order to guarantee equal treatment, the General Court will ensure that the 2006 Fining Guidelines are correctly implemented.
The substitution of the 1998 Fining Guidelines by the 2006 version, even if it had the effect of increasing the overall average of the fines imposed, was reasonably foreseeable. Besides, according to the General Court, guarantees in criminal matters enshrined in Articles 6 and 7 of the ECHR and Article 49 of the Charter of Fundamental Rights do not necessarily have to be applied to their full extent in competition law cases. Ultimately, the introduction of the 2006 Fining Guidelines is without prejudice to the only applicable legislation in this matter, ie the rule in Article 23(2) of Regulation
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.