This is the reality the ongoing dialogue withFree commute in mercantilism or economic warNonagénaire the hidden wish is doing very wellFive years later his dearest wish is yet to achieveThe medical issue is important as long term shortRadiohead succeeds the union of the oppositesThis time the proportion is mounted to 8311 million of which 45 were medium dependentThe Spain went to the same effect but more recentlyIt will be very hard says a top of the listAgainst agreements (art. 81 of the EC Treaty and l 420 - 1 of the Code of commerce) and the abuse of dominant position (article 82 of the EC Treaty and l 420 - 2 of the Code of commerce), national and community competition authorities chose to strike hard. They are more reluctant to record fines: half a billion euros in fine was claimed by the competition Council to the French operators of mobile telephony in 2005. In total, the financial penalties imposed by the Council were multiplied by more than fifteen between 2004 and 2005. Largely confirmed trend in 2006.
Fight against the cartels
Same severity in 2006 at the level of the European Commission. 400 million euros to fine came to suppress agreements in the areas of bleaching agents, on the one hand, and acrylic glass, another part Microsoft, already sentenced to 754 million euros in fines for abuse of dominant position, had imposed a penalty payment of EUR 280 million for non-compliance with its disclosure obligations designed to facilitate interoperability with Windows.
The new guidelines of the Commission on 28 June 2006, the calculation of the fines are explicit as to the objective: deter companies escape rules of the EC Treaty except to incur severe penalties.
Replacing a 1998 text, these guidelines apply to cases for which a statement of objections will have been notified after their publication in the "plays" ("Official Journal of the European Union") probably within two months to come or more ancient practices (which can also be a problem with the principle of legitimate expectations). There is interest to analyze without delay.
Two items remain unchanged: the maximum amount of sanctions (10 of annual turnover) and the calculation of the fines two (the base amount is set according to the gravity and the duration of the infringement is adjusted for aggravating or mitigating circumstances). For the rest, the Commission leads the way in the sense of rigour.
First of all, the principle of a package by types of offences increased by 10 per year of offence is substituted a percentage up to 30 of the value of sales related to the offence, calculated on the basis of various factors (severity, geographical scope, market shares, etc.). The amount obtained is multiplied by the number of years of participation in the offence. The sanction is therefore better correlated with real earnings of the company.
Second, the Commission mark its determination to fight against cartels, through the establishment of a penalty, so-called "right of entry", of 15 to 25 of the sales value addition for participation to an "unjustifiable" agreement (agreement of pricing, distribution market or limit production).
A regulatory tool
The third novelty lies in the application, in the event of recidivism, increase up to 100 and not 50 of the basic amount of the fine.
What messages the Commission intend to pass through its new policy of sanctions (1) First, the sanction is said as a deterrent and market regulation tool. Like footballers on the field, companies can use all the means as the best, but if they violate the rule, they expose themselves to pay the price very.
Second, the sanction can be even more rigorous that, on the other hand, competition authorities seek cooperation of enterprises, including through clemency procedures that, upon termination of the anti-competitive practices, allow a total or partial relief from penalty.
Finally, the Committee continued dialogue with national authorities, for example through the consideration of the previous national for recurrence. Bet in this regard that the new guidelines will undoubtedly inspire the calculation of the fines at the national level.
The principles being established, remains to ensure their proper application. Severity but also fairness and proportionality of the fines are the watchwords.
