Reforming the European Commission’s Enforcement of Cartel Law: The Case for Individual Administrative Sanctions
 2 Antitrust Chronicle 37
13 Pages Posted: 14 Sep 2022
Date Written: August 26, 2022
Few would deny that the European Commission has an impressive track record with respect to anti-cartel enforcement. At present, however, a lacuna exists with respect to its enforcement powers: it cannot to impose fines on natural persons who are responsible for their companies’ cartel activity. This article argues that, in order to achieve the deterrence of cartel activity, the Commission should be invested with the power to impose individual administrative sanctions for violations of the EU-level cartel prohibition. Although such sanctions have a drawback in terms of their vulnerability to indemnification, the stigmatization policy currently pursued by the Commission with respect to cartel activity provides considerable scope to prevent the issue of indemnification from undermining the potential deterrent effect of individual administrative sanctions.
Keywords: Antitrust law, cartel law, European Commission, EU competition law, sanctions, administrative fines
JEL Classification: K21
Suggested Citation: Suggested Citation