There is scope to devise a more flexible and practical approach consistent with the concerns identified by the Commission. Yves Botteman & Kees J. Kuilwijk, Steptoe & Johnson

When laying down the factors that it will assess when considering whether to initiate an enforcement proceeding, however, the Guidance reveals greater readiness on the part of the Commission to find a violation by a market-dominating firm than that reflected in a comparable report recently...

The criminalization of cartel behavior against employees of subsidiaries could be used to achieve a higher level of deterrence while reducing fines on parent companies. Yves Botteman & Laura Atlee, Steptoe & Johnson

If the Commission receives the same amount of money irrespective of who in an undertaking is paying, will it care about how the fine is allocated to the various related entities? Laura Atlee & Yves Botteman (Steptoe & Johnson)