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Competition

PR(06)48: The EFTA Surveillance Authority revises the Guidelines for setting fines in antitrust cases

14.11.2006

The EFTA Surveillance Authority today adopted new Guidelines on the method of setting fines to be imposed on undertakings that infringe Articles 53 and 54 of the EEA Agreement. The aim of the Guidelines is to increase the deterrent effect of fines.

Protocol 4 to the Surveillance and Court Agreement stipulates that the Authority may impose fines up to 10 % of an undertaking’s total annual turnover. Within this limit, the revised Guidelines provide that fines may be based on up to 30% of the company’s annual sales of goods or services to which the infringement directly or indirectly relates, multiplied by the number of years of participation in the infringement. In addition, the Guidelines introduce a so-called “entry fee” – a specific amount which may be imposed irrespective of the duration of the infringement in order to deter undertakings from entering into seriously illegal conduct. Finally, undertakings which previously have been involved in one or more similar infringements will also be fined more than in the past.

These Guidelines will apply to every anti-trust fines decision for which a Statement of Objections was notified to undertakings after the publication of the Guidelines in the Official Journal of the European Union and the EEA Supplement thereto, expected in the coming months.

The revised Guidelines on the method of setting fines are available at:
http://www.eftasurv.int/fieldsofwork/fieldcompetition/otherpublications/

 

For further information, please contact:

Ms. Kjersti Bjerkebo,
Senior Officer, Competition and State Aid Directorate,
Tel. (+32)(0)2 286 18 54

 

14 November 2006

 

 




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