UPDATE: EU's Kroes Defends Large Antitrust Fines
September 24 2009 - 4:17PM
Dow Jones News
European Union Competition Commissioner Neelie Kroes defended
the record fines levied against companies during her tenure as the
EU's top antitrust cop, saying the large penalties are deterring
anticompetitive actions.
"We are starting to achieve effective deterrence with fines,"
Kroes said Thursday, addressing a conference on international
antitrust at Fordham University.
"Never underestimate the effect of large fines," she said.
During Kroes' term with the European Commission, the antitrust
division of the EU imposed stiff penalties on companies found to
have participated in anticompetitive practices.
Earlier this year, the commission fined chip giant Intel Corp.
(INTC) EUR$1.06 billion ($1.55 billion), the largest penalty ever
levied in the EU for anticompetitive practices.
Intel is in the process of appealing this decision.
Kroes' term as competition commissioner ends in two months.
During her tenure, the EU has taken a particularly hard look at
competition in the technology sector, also levying fines against
Microsoft Corp. (MSFT). More recently, the EU extended a review of
the $7.4 billion acquisition of Sun Microsystems Inc. (JAVA) by
Oracle Corp. (ORCL), after the U.S. Department of Justice approved
the deal.
Oracle Chief Executive Larry Ellison has said the delay is
costing $100 million a month, and rivals have begun moving to
attack Sun's market share.
Kroes mentioned throughout her remarks to the gathering of
antitrust lawyers and international regulators that she has had
constructive discussions with U.S. antitrust enforcer Christine
Varney. On the sidelines of the event she declined to speak
directly on the potential reasons for the disparity between the two
antitrust enforcers regarding the Oracle-Sun review.
Kroes' speech centered on the issue of state aid to businesses
in regards to competition. She said that allowing companies to
become addicted to state aid is unacceptable and a recipe for trade
war, among other things. But she defended the U.S. government's
intervention in the financial system.
"I think the policy makers here in the U.S. have done well to
stabilize the banking and insurance centers," she said, though
having a centralized system from the outset could have helped with
stabilizing the market.
-By Jerry A. DiColo, Dow Jones Newswires; 212-416-2155;
jerry.dicolo@dowjones.com