This chapter provides a historical overview of the development of Article 101 TFEU balancing to frame and identify the uncertainties surrounding it. The chapter begins with the EU primary and secondary law provisions, illustrating that they do not prescribe a clear balancing framework. Against this backdrop, it shows that the balancing principles have been greatly shaped by the practices of the Commission and EU Courts. It affirms that the development of the balancing principles is best understood by sorting the practices into four enforcement periods, which are then explored throughout the empirical chapters of the book. In addition to the developments at the EU level, the chapter devotes special attention to the competition law set-up and balancing approaches of each of the five Member States examined in the study.

This chapter provides a historical overview of the development of Article 101 TFEU balancing to frame and identify the uncertainties surrounding it. The chapter begins with the EU primary and secondary law provisions, illustrating that they do not prescribe a clear balancing framework. Against this backdrop, it shows that the balancing principles have been greatly shaped by the practices of the Commission and EU Courts. It affirms that the development of the balancing principles is best understood by sorting the practices into four enforcement periods, which are then explored throughout the empirical chapters of the book. In addition to the developments at the EU level, the chapter devotes special attention to the competition law set-up and balancing approaches of each of the five Member States examined in the study.

The imposition of effective cartel sanctions is shaped by the policy of and guidelines from enforcing authorities, such as the European Commission, as well as the Union Courts. The application of the 2006 Guidelines on Fines has been guided by the jurisprudence of the Union Courts. The Courts have in general upheld the fining methodology expressed in the guidelines and have clarified the way it should be applied in specific situations. The fact that the system of setting and reviewing EU competition fines was found lawful adds to the legitimacy of such fines and their enhanced deterrent effect. The aim of authorities and reviewing courts is to impose adequate and deterrent sanctions, while respecting the rights of defence of the undertakings.