Fine reductions

Fine reductions

Obligation to pay within the time limit set by the decision and exceptions: The granting of payment facilities and/or fine reductions

Exceptionally, the addressee of the decision may be granted payment facilities by the Accounting Officer of the Commission (Article 85 of the Implementing Rules). Such facilities will take the form of instalment payments (the undertaking agrees to pay a certain sum at regular points in time). Such facilities will only be granted if the conditions of Article 85 of the Implementing Rules are met (notably the provision of a bank guarantee covering the debt outstanding in both the principal sum and the interest).

More about Fine reductions

Instead of the above-referenced payment facilities (or in combination therewith), the Commission may also defer payment of a fine without coverage by a bank guarantee or it may fully or partially reduce a fine if the conditions of point 35 of the 2006 Fining Guidelines (“inability to pay”) are fulfilled. Such exceptional deferred payment or reduction/cancellation of a fine on inability to pay grounds requires a College decision (for further details see Information Note on inability to pay and payment conditions by Commissioners Almunia and Lewandowski of June 2010, SEC(2010) 737). The rejection of a post-decision request invoking inability to pay is done by administrative letter signed by the Director-General of DG Competition.

Resources

See Also

References

  • Information about Fine reductions in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Fine reductions in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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