Updates & Corrigenda
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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:
Update | p. 55
Page: 055
Chapter: 2.3 Enforcement of Arts. 101 and 102 TFEU
Chart Number: C38
Chart Title: Finding of the Commission
The box in the 4th row, on the right hand side, entitled “Penalties”, must read:
Penalties
Imposition of financial penalties is possible, Arts. 23 et seq. of Regulation 1/2003/EC:
• Fines;
• Period penalty payments.Commission Guidelines on the method of setting fines (2006) mentions mitigating and aggravating circumstances; e.g. Intel (2014), involving the highest fine imposed so far.
Ne bis in idem, Art. 6 ECHR:
• The Commission must take account of fines imposed for the same conduct under the national law of a Member State; Boehringer Mannheim (1972), SGL Carbon (2007).
• However, this does not apply in relation to fines imposed for the same conduct under the national law of a third country; SGL Carbon (2007).