Settlements as a Remedy – (The) Way to Go?

Abstract

Today’s first panel is called “Settlement as a Remedy – (The) Way to Go?” Before I introduce to you the speakers and my fellow panellists, I wish to give a very brief explanation to what seems to be a terminological confusion. I have learned – what I should have known long before, of course – that, in the EU Commission terminology, “settlements” is strictly to be used only for cartel settlements, the settling of cartel cases under the new specific procedure that we will hear more about in a few minutes. What one otherwise might understand as a settlement is the procedure under Article 9 of Regulation 1/2003, under which the Commission may accept and may make legally binding “commitments” offered by an undertaking against which the Commission has opened a procedure for violation or suspected violation of Articles 101 or 102 TFEU. This procedure, however, is to be referred to only as a “commitment decision” in Commission terminology and nothing else. The outcome of a commitment decision seems to be very close to that of a settlement, but it is not a settlement in spite of the fact that the Commissioner may welcome it.