Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities?
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...
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| Format: | Article |
| Language: | English |
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University of Warsaw
2020-11-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2011_4_5/Stolarski_Fines_for_Failure.pdf |
| _version_ | 1819226008743575552 |
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| author | Konrad Stolarski |
| author_facet | Konrad Stolarski |
| author_sort | Konrad Stolarski |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-23T10:18:40Z |
| format | Article |
| id | doaj.art-62dc549de47043709df721efc050f5f2 |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-12-23T10:18:40Z |
| publishDate | 2020-11-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-62dc549de47043709df721efc050f5f22022-12-21T17:50:45ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152020-11-01456784Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities?Konrad StolarskiThe 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.https://yars.wz.uw.edu.pl/images/yars2011_4_5/Stolarski_Fines_for_Failure.pdffinesantitrust proceedingsdawn raidinspectioncooperationprocedural infringement |
| spellingShingle | Konrad Stolarski Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities? Yearbook of Antitrust and Regulatory Studies fines antitrust proceedings dawn raid inspection cooperation procedural infringement |
| title | Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities? |
| title_full | Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities? |
| title_fullStr | Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities? |
| title_full_unstemmed | Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities? |
| title_short | Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate Weapon for Antitrust Authorities? |
| title_sort | fines for failure to cooperate within antitrust proceedings the ultimate weapon for antitrust authorities |
| topic | fines antitrust proceedings dawn raid inspection cooperation procedural infringement |
| url | https://yars.wz.uw.edu.pl/images/yars2011_4_5/Stolarski_Fines_for_Failure.pdf |
| work_keys_str_mv | AT konradstolarski finesforfailuretocooperatewithinantitrustproceedingstheultimateweaponforantitrustauthorities |