“Poland Trips Cartel”
摘要
In criminal offenses under the Economic Competition Law, and in particular in the case of a horizontal restrictive arrangement, the lower end of the appropriate penalty range should reflect, as a rule, prison time not servable through community service, according to the rule set out in Sec. 51B(a) of the Penal Law, i.e. more than nine months of actual imprisonment. Even if there is a justification for deviating from the main route, related to the characteristics of the perpetrator, in the absence of truly extenuating circumstances, it is appropriate to order the imposition of prison time, even if it is for a period shorter than nine months, to be served behind bars.