Damien Geradin and Katarzyna Sadrak‘The EU Competition Law Fining System: A Quantitative Review of the Commission Decisions between 2000 and 2017

This paper – which can be found here – takes a quantitative approach to analysing the factors considered by the Commission when establishing the amount of fines imposed on infringing undertakings in 110 cartel decisions, as well as on 11 abuse of dominance decisions adopted between January 2000 and March 2017. The analysis shows that the Commission has made significant use of the aggravating and mitigating circumstances listed in the Fining Guidelines to adjust the basic amount of the fine. The article is structured as follows: Part II examines the methodology applied by the Commission when determining fine amounts. Article 23(2) of Regulation 1/2003 is the sole legal basis for the imposition of fines by the Commission for anti-competitive conduct. This Article provides that “the fine shall not exceed 10% of [the undertaking’s] total turnover in the preceding business year’. To make its method for setting fines clearer and more transparent, the Commission had published Fining Guidelines in 1998, which were…