Waiver of the recovery of fines Decision

Internal responsability for the adoption of the decision to waive the recovery of fines

The determination of the competent authority within the Commission to waive the recovery of a fine depends on the amount to be waived (this amount includes the fine and the default interest).

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DG Competitionis responsible for the waiving decision (and not DG Budget) since the Director General of DG Competition is by delegation the Authorising Officer ('ordonnateur') of the fine in the Commission's financial procedure.

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However in practice, waivers of the recovery of antitrust fines are most often of the competence of the College, as the waiving of recovery of an established amount receivable may not be delegated where the amount to be waived: – is EUR 1,000,000 or more; or – is EUR 100,000 or more, where this represents 25 % or more of the established amount receivable (Article 87(4) of the Implementing Rules).

Resources

See Also

References

• Information about Waiver of the recovery of fines Decision in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Waiver of the recovery of fines Decision in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)