Penalty determination methodology allows adjustment of turnover-based fines considering gravity, role, duration, cooperation and compliance programmes.

The Guidelines set a methodology under Section 27(b) whereby the Commission may consider up to thirty percent of an enterprise's average relevant turnover or average income as a starting point, and adjust that amount subject to the legal maximum based on factors including nature and gravity of contravention, duration, role in the conduct, coercive measures, repetition, admission, evidence of limited involvement, cooperation, voluntary termination, and implementation of a competition compliance programme. Relevant turnover is generally calculated over three preceding years and must be supported by audited financial statements or certified figures with an affidavit; global turnover may be used if necessary.

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