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Fines for Failure to Cooperate within Antitrust Proceedings – The Ultimate Weapon for Antitrust Authorities?

Yearbook for Antitrust and Regulatory Studies, Vol. 4, No. 5, 2011

18 Pages Posted: 19 Apr 2012  

Konrad Stolarski

Jagiellonian University in Krakow - Faculty of Law and Administration

Date Written: 2011

Abstract

The aim of this article is to analyse a powerful competence available to antitrust authorities in Europe in the form of the imposition of fines for the failure to cooperate within antitrust proceedings. While fines of that type are imposed in practice very rarely, the article considers the existing decisional practice of the Polish antitrust authority as well as the European Commission, and presents the way in which their approach has evolved throughout the years. The article analyses also the question of the formal initiation of proceedings concerning procedural violations and the importance of the use of a uniform and fair approach towards the scrutinized undertakings, especially as fine graduation is concerned. For that purpose, the article provides also a comparative analysis of past proceedings conducted by the European Commission and selected judgments of EU Courts.

Keywords: fines, antitrust proceedings, dawn raid, inspection, cooperation, procedural infringements

Suggested Citation

Stolarski, Konrad, Fines for Failure to Cooperate within Antitrust Proceedings – The Ultimate Weapon for Antitrust Authorities? (2011). Yearbook for Antitrust and Regulatory Studies, Vol. 4, No. 5, 2011. Available at SSRN: https://ssrn.com/abstract=2042735

Konrad Stolarski (Contact Author)

Jagiellonian University in Krakow - Faculty of Law and Administration ( email )

Krakow
Poland

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