مجلة حقوق الإنسان والحريات العامة
Volume 8, Numéro 2, Pages 1-23
2024-01-30
Antitrust Settlement: The Why And The How!
Authors : Mokeddem Toufik .
Abstract
Through this document, an attempt will be made to assess the settlement in competition law, addressing questions such as how can one negotiate even when in violation? How and, above all, why can one debate the sanctions? Is it for the benefit of the competition authority or the implicated company? From the outset, in the context of such a settlement, a company involved in anticompetitive practices cooperates in the administrative procedure before the competition authority in exchange for a reduction in sanctions. Indeed, the company may, depending on the circumstances, either choose not to contest the allegations or facts against it, or admit its responsibility. This study focuses on the uniqueness of this alternative and will be divided into two legal aspects: Why opt for such a settlement under the provisions of competition law, and How to proceed with it under the provisions of competition law.
Keywords
settlement ; competition law ; negotiation ; sanctions ; competition authority
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