Metody ustalania przez Komisję grzywien za naruszenie art. 81 i 82 TWE

Europejski Przegląd Sądowy 2007, nr 7, s. 4-12.

This paper describes the new Guidelines of 1 September 2006 on the method of setting fines imposed on undertakings which infringe Art. 81 or 82 TEC. The Guidelines refine Commission’s policy on setting fines after more than eight years of experience acquired under Guidelines of 14 January 1998. The paper presents the main elements of the new Guidelines, and also discusses the most significant differences between previous and present methods for the setting of fines. To achieve a sufficiently deterrent effect, the new Guidelines refer in more direct way to the value of sales to which the infringement relates and to the duration of the infringement. The article describes, how a variety of novelties applied in new Guidelines make possible an increase of the level of fines imposed on undertaking taking part in long lasting cartel agreements.