„Inability to pay" im EU-Kartellrecht

This work investigates the inability to pay of fine addressees in antitrust enforcement by the European Commission according to point 35 of the 2006 Fining Guidelines. The study deals with the most important theoretical approaches to competition in order to explain the significance of ordoliberal concept of freedom in competition, the role of efficiency and the limits of deterrence with regard to the ability to pay of fine addressees. In this context, concrete proposals for the application of point 35 of the Fining Guidelines are formulated. In parallel, this work examines the use of various sanction options in connection with the inability to pay.