Setting of Fines for Cartels in ICN Jurisdictions - International ...

46 ANNEX 1. ICN QUESTIONNAIRE ON FINES AND FINING METHODOLOGIES IN CARTEL CASES
10. What is the objective of fines in your jurisdiction is it (NB: issue also covered in part by question D, section
11 of cartel template)
- deterring the sanctioned companies or individuals to repeat the same conduct in the future?
- deterring other companies or individuals to start a cartel or to join a cartel?
- recovering the unlawful profits obtained by the cartel for the victims of the cartel?
- punishment (i.e. recovering unlawful profits plus an additional fine)?
- another one?
- a combination of any of the above?
Please indicate your objective by underlining the appropriate reply.
11. What is the maximum amount of fines that have been imposed in your jurisdiction on a single company/
legal entity/economic entity (choose whatever is the more appropriate definition in your jurisdiction)?
C. Determination of fines
1. In your jurisdiction, are fines related in any way to:
- the nature of the infringing conduct;
- the gravity of the infringing conduct;
- other factors?
Please also define the meaning of these concepts in your jurisdiction.
2. In your jurisdiction, are fines related to:
- the global turnover of the firm/undertaking (whatever is appropriate);
- the value of sales/volume of commerce on the relevant market concerned by the infringement;
- the additional profit made through the infringement;
- the consumer losses due to the infringement;
- the total loss of economic welfare;
- other?
3. If you replied to question B.2, is the relationship between the fine and the answer to question B.2:
- a fixed amount,
- a percentage
- or takes another form?
4. If the basis for the determination of fines is a proportion of the company’s sales, are these sales direct
sales only or indirect as well? In this context, indirect sales mean that the cartel member also transforms
the cartelised product and sells the transformed product (even not cartelised). For example, a
producer of wood pulp that sells also paper: is the value of wood pulp contained in the sales of paper
taken into account?
Similarly, if a company (A) sells the cartelised product to another company (B) in the same group which
in turn sells it on the market, are these sales (of B) taken into account for the determination of the
fines?
6. Please explain how, in your jurisdiction, the duration of a cartel has an impact on the determination of
fines?
7. In the determination of fines are the following possibly “aggravating” factors/circumstances taken into
account? (please underline the relevant factors):
- recidivism,
- role in the offence, being an instigator/leader/organiser of the conduct,
- refusal of co-operation,
- obstruction,
- others, namely: …
Please elaborate, how do these factors modify the determination of the fine?
8. In the determination of fines are the following possibly “mitigating” factors/circumstances taken into
account? (please underline the relevant factors):
- negligence (for example, insufficient control on the conduct of rogue employees),
ICN — SETTING OF FINES FOR CARTELS IN ICN JURISDICTIONS