Abstract
In Brussels, the number of decisions imposing fines for a breach of Article 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) increased significantly in the last full year of Commissioner Vestager’s first mandate (with twelve decisions in 2018 against seven in 2017). The Commission issued three decisions imposing fines in relation to a declared breach of Article 102 TFEU,1 including a new fine for Google that follows the one imposed in the 2017 Google Shopping decision.2 These decisions are a reminder that, despite the success of the commitment procedure, enforcement through fines is still alive. A fine may be inevitable if commitments are not possible, or if a company refuses to negotiate or negotiates unsuccessfully with the Commission regarding an appropriate remedy (as in the BEH gas case, in which the Commission and BEH spent three years negotiating remedies).
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