European Commision Cartel Prosecutions and Fines, 1998-2006 - An Updated Statistical Analysis of Fines Under the 1998 Penalty Guidelines

Abstract

This paper brings up to date an on-going statistical analysis of the fines imposed in cartel prosecutions commenced between 1998 and 2006 by the European Commission and courts on appeal under the 1998 Penalty Guidelines and completed to the end of October 2010. Based on an analysis of all 46 fully reported cartel decisions (which represent all the cartels prosecuted under the 1998 Penalty Guidelines) involving 63 cartels and 355 firms, the report examines how fines were calculated in practice under the guidelines, leniency notices, and adjusted by the European courts on appeal. This update includes additional analysis of the structure of fines, recidivism, appeals, and the duration of the European Commission's investigations.

Keywords: Price-Fixing, Cartel, Fines, Leniency, Recidivism

JEL Classification: D4, K0, L1, L4