The fining policy of the European Commission in competition cases

ICC condemns anticompetitive behaviour (cartels and abuses of dominant positions) and supports the appropriate, objective, and proportionate enforcement of competition laws, which focuses on fostering compliance, and not just punishment and deterrence. However, ICC is concerned that the above principles in competition law enforcement are not sufficiently reflected in the manner in which fines are imposed in the EU.

First, ICC believes that the imposition of fines - in particular at such a high level - is only defensible where the rules governing the determination of sanctions in EU competition cases comply with the requirements of “fair trial” as generally understood in democratic countries.
ICC is concerned that increasingly this does not appear to be the case.

Second, growing broad-based criticism raises important questions regarding the current calculation methods and parameters used in determining the level of fines. In view of this situation, ICC offers the following observations intended for the Members of the European Parliament, the Members of the European Commission, and the Representatives of the Member States.