Consequences of Being a member of a cartel

The main focus of this essay will be the fines that are issued when firms collaborate in breach of Article 101(1) TFEU. The commission has a wide range of powers which they can utilise to try and prevent the formation of cartels.The policy allows for the commission to demand an end to the practices which undertakings use to distort competition and include fining the firms for the infringing behaviour based on the gravity and duration of the collaboration[i]. In 1980, the commission declared that fines would be increased as a means of deterring undertakings[ii]. From 1991[iii] the commission has shown an increased willingness to fine 10% of an undertakings turnover from the previous year, the maximum amount[iv] allowed under Regulation 1/2003 EC. Between 2004 and 2009, fines totalling ??8.5 Billion were levied on firms that took part in cartels and recently the commission has handed out one the largest fines to a cartel in its history[v]. Despite the willingness of the commission to hand out larger fines, attention has to be paid to the leniancy policy which allows for undertakings

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