Keywords
settlement, early resolution agreements, la non-contestation des griefs, right of defence, due process requirement
Abstract
The purpose of this paper is to analyze settlement procedure in competition law on the basis of experiences arising from European law and national laws of Great Britain, France and Germany. In the first part the paper compares different legal frameworks according to the several chosen criteria. This description is then illustrated with the decisional practice of competition authorities. In the next part the rationale behind different solutions is discussed, taking into account the basic aim of the settlement, which is to achieve procedural economy on the one hand and being attractive for on the other hand. Key problems identified are (i) procedural economy versus respecting legitimate interests of engaged undertakings (ii) meeting critical balance between attractiveness of settlement and maintaining deterrence effect of fines (iii) meeting the fundamental expectations of participants which are: certainty, transparency and predictability. Last but not least, some comments on the envisaged settlement procedure in Polish law are formulated.
Recommended Citation
Krajewska, E. (2012). Settlement in the light of European experiences. In search of optimal solutions. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(4), 57-76. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss4/5
First Page
57
Last Page
76
Page Count
19
Publisher
University of Warsaw
