Remedies and Sanctions in Abuse of Dominance Cases

There is an important difference between remedies and sanctions. Remedies cure, correct, or prevent unlawful conduct, whereas sanctions penalise or punish it. Typically, a competition law remedy aims to stop the violator’s illegal behaviour, its anticompetitive effects, and its recurrence, as well as to restore competition. Sanctions are usually meant to deter unlawful conduct in the future, and in some jurisdictions also to force violators to disgorge their illegal gains and compensate victims. Although there is general agreement about what these objectives are, there is some difference of opinion about which ones are most important. This document comprises proceedings in the original language of a Roundtable on Remedies and Sanctions in Abuse of Dominance Cases which was held at the Competition Committee meeting in June 2006.