ABSTRACT

The chapter focuses on the use of sanctions in the competition law field. The analysis discusses the theoretical foundation of antitrust sanctions, showing the close relation between sanctioning powers and the much-debated issue of the goals of competition law. Moreover, it looks at the ‘modernized” system of enforcement of Articles 101 and 102 TFEU, where sanctioning powers are shared between the Commission and the National Competition Authorities and, on a more practical note, the methodology to quantify sanctions. Lastly, the chapter deals with two recent developments characterizing the antitrust enforcement system that challenge the centrality of public sanctions, namely the ever-increasing diffusion of negotiated remedies and the call for criminalisation of antitrust offences.