An Assessment of the Penalties System for Infringements of EU Competition Law: Can Personal Sanctions be the Missing Piece of the Puzzle? IES WORKING PAPER 6/2013

Competition law seeks to protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources. In order to be successful, therefore, competition authorities should be adequately equipped and have at their disposal all necessary enforcement tools. However, at the EU level the current enforcement system of competition rules allows only for the imposition of administrative fines by the European Commission to liable undertakings. The main objectives, in turn, of an enforcement policy based on financial penalties are two fold: to impose sanctions on infringing undertakings which reflect the seriousness of the violation, and to ensure that the risk of penalties will deter both the infringing undertakings (often referred to as 'specific deterrence') and other undertakings that may be considering anti-competitive activities from engaging in them (often referred to as 'general deterrence'). In all circumstances, it is important to ensure that pecuniary sanctions imposed on infringing undertakings are proportionate and not excessive. Although pecuniary sanctions against infringing undertakings are a crucial part of the arsenal needed to deter competition law violations, they may not be sufficient. One alternative option in that regard is the strategic use of sanctions against the individuals involved in, or responsible for, the infringements. Sanctions against individuals are documented to focus the minds of directors and employees to comply with competition rules as they themselves, in addition to the undertakings in which they are employed, are at risk of infringements. Individual criminal penalties, including custodial sanctions, have been in fact adopted by almost half of the EU Member States. This is a powerful tool but is also limited in scope and hard to implement in practice mostly due to the high standards of proof required and the political consensus that needs first to be built. Administrative sanctions for individuals, on the other hand, promise to deliver up to a certain extent the same beneficial results as criminal sanctions whilst at the same time their adoption is not likely to meet strong opposition and their implementation in practice can be both efficient and effective. Directors’ disqualification, in particular, provides a strong individual incentive for each member, or prospective member, of the Board as well as other senior executives, to take compliance with competition law seriously. It is a flexible and promising tool that if added to the arsenal of the European Commission could bring balance to the current sanctioning system and that, in turn, would in all likelihood make the enforcement of EU competition rules more effective. Therefore, it is submitted that a competition law regime in order to be effective should be able to deliver policy objectives through a variety of tools, not simply by imposing significant pecuniary sanctions to infringing undertakings. It is also clear that individual sanctions, mostly of an administrative nature, are likely to play an increasingly important role as they focus the minds of those in business who might otherwise be inclined to regard infringing the law as a matter of corporate risk rather than of personal risk. At the EU level, in particular, the adoption of directors’ disqualification promises to deliver more effective compliance and greater overall economic impact.

Trade with Cuba. Hearings before the Committee on Interstate and Foreign Commerce, House of Representatives, Eighty-seventh Congress, first session, on H. R. 8465, a bill to prohibit the shipment in interstate or foreign commerce of articles imported into the United States from Cuba, and for other purposes (and identical bills); H.R. 8866, a bill tp prohibit the shipment in interstate or foreign commerce of articles imported into the United States from Cuba, to provide penalties for such shipment, and for other purposes. August 29 and September 1, 1961.

Mode of access: Internet.

Penalties for traffic offenses.

National Highway Traffic Safety Administration, Washington, D.C.

55 mph maximum speed limit. Penalties. Issue paper.

Mode of access: Internet.

Overweight vehicles: penalties and permits. An inventory of state practices for fiscal year 1992. Report to the United States Congress from the Secretary of Transportation pursuant to Section 123 of the Surface Transportation Assistance Act of 1978.

Mode of access: Internet.

Marijuana : a study of state policies & penalties /

Mode of access: Internet.

Regulations, part 40 : farm labor contractor registration : subpart A-registration : subpart B-administrative proceedings : title 29 of the Code of Federal Regulations : registration requirements and administrative proceedings including assessment, notice, and collection of civil money penalties for violations.

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Pains and penalties : the defence of Queen Caroline, a play in four acts /

Mode of access: Internet.

Great Britain - Companies (consolidation) act, 1908. Digest of provisions in respect to the powers and duties of the Board of trade in connection with the administration of the Act, publicity of corporate affairs, and penalties. Outline of history and organization of the Board of trade.

Mode of access: Internet.

Quadrature-phase noise penalties of optically and electro-optically phase-locked lasers

Focussing particularly on solid-state laser systems, the phase-noise penalties of laser injection-locking and electro-optical phase-locking are derived using linearised quantum mechanical models. The fundamental performance limit (minimum achievable output phase noise) for an injection-locked laser (IJL) system at low frequencies is equal to that of a standard phase-insensitive amplifier, whereas, in principle, that of a phase-locked laser (PLL) system can be better. At high frequencies, the output phase noise of the IJL system is limited by that of the master laser, while that of the PLL system tends to a weighted sum of contributions from the master and slave laser fields. Under conditions of large amplification, particularly where there has been significant attenuation, the noise penalties are shown to be substantial. Nonideal photodetector characteristics are shown to add significantly to the noise penalties for the PLL system. (C) 2005 Elsevier B.V. All rights reserved.

A green stick or a fresh stick?: Locating customary penalties in the post-colonial era

Former colonies and dependencies in the South Pacific do not have the luxury of entirely ‘homegrown’ laws. Their legal systems are burdened with a ‘legacy’ of transplanted laws, developed for use in a foreign country, imposed on pre-existing systems of custom and culture. As a result, many small island countries are struggling to balance the demands of law from different sources, designed to operate in fundamentally different circumstances. In addition to the conflict that occurs in areas of substantive law, where customary and introduced law may prescribe a different rule for the same situation, the two systems differ in their approach to procedure, penalties and relief. This paper considers the divide between the theory and practice of introduced law and customary law and examines the way in which conflicts have been dealt with by the courts. In particular, it uses the example of banishment to illustrate the type of problems that arise in a plural system. The paper looks at the balancing exercise which has been necessary when custom, in the form of banishment, comes into conflict with introduced law, in the form of constitutional rights.

Polarisation mode dispersion induced transmission penalties for long-haul high speed optical communication systems

Results of full numerical simulations of a guiding-centre soliton system with randomly birefringent SMF fibre are shown and analysed. It emerges that the soliton system becomes unstable even for small amounts of PMD.