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Recidivism: a Commission fining policy that might not be hitting the mark

by Kevin Coates | Jul 5, 2016 | Cartels, Commentary, Fines

Summary The short version of this very long post is that the Commission’s current policy of applying the concept of recidivism to the highest level parent that exercises decisive influence over the infringing company appears to unduly punish undertakings that...

Defining a single and continuous infringement in cases with asymmetrical participation

by Kevin Coates | May 31, 2016 | Antitrust, Commentary

Defining a set of conduct as a single and continuous infringement (SCI) has significant consequences for parties to a cartel, in particular for their exposure in follow-on damages actions. It is no surprise, therefore, that the increased prevalence of damages actions...

Fines, “small” companies and the 10% cap

by Kevin Coates | Apr 15, 2015 | Cartels, Fines, General