How High (and Far) Can You Go? On Setting Fines in Cartel Cases Involving Vertically-Integrated Undertakings and Foreign Sales

37(3) European Competition Law Review 99-107 (2016)

Queen's University Belfast Law Research Paper No. 09

15 Pages Posted: 8 Mar 2016 Last revised: 16 Sep 2016

See all articles by Marek Martyniszyn

Marek Martyniszyn

Queen's University Belfast - School of Law

Date Written: March 1, 2016

Abstract

This article examines the recent developments concerning the treatment of internal sales (intra-group or captive sales) in the process of setting fines for violations of EU Competition Law. In particular, it looks into Guardian Industries, LG Display and InnoLux, in which the Court of Justice recognised the European Commission’s right to take into account internal sales, also in the transnational setting (when infringement-affected components are sold and incorporated into the finished products outside the EU), and to impose fines which more accurately reflect the scale and significance of the investigated infringements.

Keywords: antitrust, competition law, fines, law enforcement, cartels, penalties, intra-group sales, captive sales, extraterritorial, extraterritoriality

JEL Classification: K21, K33, K42, L40, L41, L44

Suggested Citation

Martyniszyn, Marek, How High (and Far) Can You Go? On Setting Fines in Cartel Cases Involving Vertically-Integrated Undertakings and Foreign Sales (March 1, 2016). 37(3) European Competition Law Review 99-107 (2016); Queen's University Belfast Law Research Paper No. 09. Available at SSRN: https://ssrn.com/abstract=2743292

Marek Martyniszyn (Contact Author)

Queen's University Belfast - School of Law ( email )

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