Keywords
directive 2014/104/EU, reduction of fines, SME, antitrust fines, insolvency, inability to pay, competition law infringement
Abstract
Directive 2014/104/EU provides for a limitation of the liability of SMEs in cases where the application of its normal rules on joint and several liability would irretrievably jeopardise their economic viability and cause their assets to lose all their value. The meaning of this provision is everything but clear and commentators have voiced unanimous and harsh criticism of the chosen wording. This article presents a proposal for the interpretation of this provision based on its observed parallel with the requirements for a reduction of the fine imposed by the European Commission in antitrust cases.
Recommended Citation
Wiese, K. (2016). Reducing antitrust fines and limiting the liability of SME for antitrust violations – proposal of the interpretation of the specific inability to pay criterion. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(5), 81-93. https://doi.org/10.7172/2299-5749.IKAR.5.5.3
First Page
81
Last Page
93
Page Count
12
DOI
10.7172/2299-5749.IKAR.5.5.3
Publisher
University of Warsaw
