ADMINISTRATIVE SANCTIONS IN COMPETITION LAW

Most countries entrust an administrative authority with the repression of anti-competitive conduct through the imposition of administrative sanctions. Infringements are defined on the basis of indeterminate legal concepts, which explains why administrative intervention in this area is sometimes controversial. Culpability is a requirement for the imposition of a sanction, but administrative and judicial practice demands very high standards of diligence from companies. The responsibility is personal, which does not prevent the parent company from being held liable for the infringement in the case of groups of companies. The frequent changes to which the company is subject cannot lead to situations of impunity. The procedure is of particular relevance in matters of sanctions, insofar as it is the means by which the interested party's rights of defence are exercised. The law seeks to strike a balance between guarantees and effectiveness. Sanctions must be adequate to fulfil their dual function, repressive and dissuasive.