Keywords
Summary

Keywords

++++

COMPETITION - CARTELS - PROHIBITION - INFRINGEMENT OF COMMUNITY RULES - COMMUNITY PENALTIES AND NATIONAL PENALTIES IMPOSED BY THE AUTHORITIES OF A MEMBER STATE OR OF A THIRD STATE - CUMULATION - TAKING INTO ACCOUNT THEREOF BY THE COMMISSION - CRITERIA

( EEC TREATY, ARTICLE 85, REGULATION NO 17 OF THE COUNCIL, ARTICLE 15 )

Summary

IN FIXING THE AMOUNT OF A FINE THE COMMISSION MUST TAKE ACCUNT OF PENALTIES WHICH HAVE ALREADY BEEN BORNE BY THE SAME UNDERTAKING FOR THE SAME ACT IN A CASE WHERE PENALTIES HAVE BEEN IMPOSED FOR INFRINGEMENTS OF THE CARTEL LAW OF A MEMBER STATE AND, CONSEQUENTLY, HAVE BEEN COMMITTED ON COMMUNITY TERRITORY .

THE FACT THAT THE COMMISSION TAKES INTO ACCOUNT A PENALTY IMPOSED BY THE AUTHORITIES OF A THIRD STATE PRESUPPOSES THAT THE FACTS ESTABLISHED AGAINST THE UNDERTAKING ACCUSED BY THE COMMISSION, ON THE ONE HAND, AND THE AUTHORITIES OF THE THIRD STATE IN QUESTION, ON THE OTHER, ARE IDENTICAL .