Settlement assessment: determine if proposed terms effectively remedy anticompetitive conduct and improve market contestability. The Commission must assess a Settlement Application by examining the nature, gravity, impact, type, duration and extent of the alleged conduct and whether the settlement terms can be implemented effectively, expeditiously, and monitored. The assessment focuses on whether terms enhance market contestability, provide procedural efficiencies and self executing remedies, and whether the applicant's prior violations, pending inquiries, past settlement history, and steps taken to modify conduct and prevent future lapses weigh in favor of the settlement.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Settlement assessment: determine if proposed terms effectively remedy anticompetitive conduct and improve market contestability.
The Commission must assess a Settlement Application by examining the nature, gravity, impact, type, duration and extent of the alleged conduct and whether the settlement terms can be implemented effectively, expeditiously, and monitored. The assessment focuses on whether terms enhance market contestability, provide procedural efficiencies and self executing remedies, and whether the applicant's prior violations, pending inquiries, past settlement history, and steps taken to modify conduct and prevent future lapses weigh in favor of the settlement.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.