Clifford Chance
Fines under article 102 of the Treaty on the Functioning of the European Union
28 January 2011
In this article, Frances Dethmers and Heleen Engelen analyse the European Commission's fining practice since 1998 for breaches of the Treaty on the Functioning of the European Union art.102, asking whether the discretionary and highly punitive nature of the fines, and the limited scope for mitigation or appeal, can be reconciled with the rule of reason or the European Convention on Human Rights 1950 "nulla poena sine culpa" and "nulla poena sine lege certa" principles. Speculates on whether the rule of reason and effects-based approach as defined by the relevant Commission Guidance of 2009 will, or should, influence the levels of fine imposed.Reprinted from European Competition Law Review, citation E.C.L.R. 2011, 32(2), 86-98 published by Thomson Reuters (Professional) UK Ltd.
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Fines under article 102 of the Treaty on the Functioning of the European Union
