The European Commission hails its settlement process as a major success in expediting cartel cases. It has suggested that as many as half of all cases will be concluded under this process. However, does this remain realistic given recent developments, most notably the Supreme Court's decision in Deutsche Bahn, which are likely to make the civil litigation downsides of settlement more pronounced?
This briefing discusses how these downsides may discourage the use of the settlement process altogether, such that absent reform the European Commission's aspirations will fail to be achieved.
