Convergence in competition fining practices in the EU

Publishers Abstract:
The need for increased convergence in the decentralized processes for public enforcement of EU competition law has received much recent attention. Yet, this debate lacks a convincing explanation as to why the goal of effective enforcement warrants further harmonization.

Focusing on fining practices for competition infringements, this article explores possible justifications to explain convergence; the legal or other means by which harmonization could be achieved; and the choice of converged practices that might be implemented. Whilst the strict necessity for convergence is less obvious, the evolving structure of decentralized enforcement would arguably benefit from increased alignment. Key concerns identified are the need to balance consistency with flexibility, and the reflection of an EU-wide consensus on fining practice.