CARTEL SETTLEMENT IN EUROPEAN UNION

Paata Phutkaradze Paata Phutkaradze

doi:10.31435/rsglobal_wos/31012020/6884

Paata Phutkaradze Paata Phutkaradze

Open Access

https://doi.org/10.31435/rsglobal_wos/31012020/6884

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Abstract

   This article points out the first steps of the cartel settlement and Leniency Program in European Union and positive sides of the mentioned tool for the companies participating in the anticompetitive agreements. Cartel Settlement and Leniency Program played an enormous role for the market to be undistorted and free from any type of anticompetitive practices. It is also worth to mention that introducing of Settlement notice as well as Leniency Program played crucial role for Commission and as well for undertakings to find fastest way out from the anticompetitive practices to settle and protect free and undistorted competition on the market. Both tools are very beneficial and useful for competition and its further development.  

Highlights

European commission initiated an administrative settlement notice in 2008, which enables parties to settle the case
It is important to point out that Leniency program and Settlement procedure are very important tool for the investigation and decision making, but EU draws a distinction between the settlement and leniency program
An estimation of the range of likely fines; After granting by the commission to the parties to introduce a final settlement submission, each party prepares and makes a submission, which should contain: 1) An acknowledgement of the party’s liability for the infringement and of their involvement in it; 2) An indication of the maximum amount of the fines the parties would accept to be imposed; 3) The parties request to handle the case through the settlement procedure and their confirmation that: they have been sufficiently informed of the objections the commission envisages asserting against them, they will request neither access to the file nor an oral hearing and agree to receive the Statement of Objections (SO) and the final decision of the commission

Summary

Introduction

European commission initiated an administrative settlement notice in 2008, which enables parties to settle the case. Leniency is a tool to investigate to get information on anticompetitive practices, which will help them to uncover the cartel agreements, while settlement procedure is a way to make decision and settle the case on time and is used once the investigation process is completed.

Results

Conclusion