ITP Fine Enforcement In The EU

Law360, New York (August 18, 2010, 5:41 PM EDT) -- In reaction to both the economic context and a rising severity in their policy toward cartels, EU and national competition authorities within the European Union are increasingly facing applications of fined cartelists under the so-called “inability to pay” (ITP) claim.

Competition authorities had always been very cautious in taking into account the financial situation of cartelists and did so only in exceptional circumstances, explaining that an effective competition policy is necessary to punish and to deter anti-competitive behaviors even in times of crisis.

Despite the success...
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