Inability To Pay the Fines Imposed by the European Commission in Cartel Proceedings: How To Navigate the Maze?

Olivier Billard, Guillaume Fabre, Inability to pay the fines imposed by the European Commission in cartel proceedings: How to navigate the maze?, February 2018, Concurrences N° 1-2018, Art. N° 85696, pp. 232-240

Posted: 17 Jun 2021

Date Written: October 14, 2018

Abstract

When a firm that took part in a cartel faces the risk that the Commission imposes a fine that is disproportionate as compared to its ability to pay and that could lead it to exit from the market, it may explore various procedural options to request that its economic and financial situation be taken into account. However, these procedural options are subject to very strict conditions and their articulation is not necessarily obvious.

Keywords: European Union, Procedures, Cartel, Sanctions, Failing Firm Defense

JEL Classification: K21

Suggested Citation

Billard, Olivier and Fabre, Guillaume, Inability To Pay the Fines Imposed by the European Commission in Cartel Proceedings: How To Navigate the Maze? (October 14, 2018). Olivier Billard, Guillaume Fabre, Inability to pay the fines imposed by the European Commission in cartel proceedings: How to navigate the maze?, February 2018, Concurrences N° 1-2018, Art. N° 85696, pp. 232-240, Available at SSRN: https://ssrn.com/abstract=3862610

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