Thursday, December 16, 2010

[kitchencabinetforum] 38 MILLION EUROS FOR A BROKEN SEAL!

 

Freakish EU law provides that the European Commission can impose fines on companies of up to 1% of their turnover for breaking, either deliberately or negligently, seals affixed by the Commission during an inspection!

EU antitrust has been transformed into a terrorist religion, which relies on pseudoeconomic theories that bestow a veneer of objectivity and credibility on EU law enforcement practices that actually rely on hunch, whim, and blackmail. On all EU antitrust cases, from mergers to price fixing, arbitrary antitrust laws lead to ill-informed juries and bureaucratic abuse. Those laws also create a perverse incentive for entrepreneurs to hold down sales volume, stop innovation, and avoid improvements in price, quality, and service; otherwise, such entrepreneurs could become the next targets of the antitrust terrorists.

Galileo muttered the phrase Eppur si muove, And yet it moves, after being forced to recant in 1633, before the Inquisition, his belief that the Earth moves around the Sun. Similarly the new inquisition of regulators force executives to admit something they did not do, in order to get smaller penalties. Eppur si muove!

During an investigation into alleged antitrust practices on the German electricity market, in May 2006 the Commission carried out inspections at the Munich premises of E.ON Energie AG, a wholly-owned subsidiary of E.ON AG. Being unable to complete the inspection in a single day, documents which had been selected for a more detailed examination were placed in a room made available to the Commission by E.ON Energie. The door to this room was locked and an official seal of the Commission was affixed to it. The key to the door was taken by the inspectors. Later, however, it became apparent that 20 other master keys, which would open the door to the room, were also in circulation.

European antitrust laws lead to huge corruption, because government officials ask for kickbacks in order to erase the alleged violation. The standard kickback in EU is 10% of the erased penalty! Many Greek officials were caught on tape asking for the corrupt tithe! Many European political parties make up their election expenses from kickbacks on antitrust cases! This is the worst possible blackmail, where tiptop ethical companies are held hostage by European kleptocrats. Eppur si muove!

The Commission's seals are plastic stickers. If they are removed they do not tear but the word VOID irreversibly appears on its surface. When the inspection team returned to the premises on the morning of the second day, it was noticed that the word VOID was visible on the seal that had been affixed the previous evening. By a decision dated 30 January 2008, the Commission imposed a fine of €38 million on E.ON Energie for having broken the seal affixed during this inspection.

European antitrust law is wielded most often by favor-seeking businessmen and their kleptocrat allies. Instead of focusing on new and better products, disgruntled rivals try to exploit the law by consorting with kleptocrats. EU officials routinely direct antitrust regulators to bend the rules in pursuit of political ends. In reality, the threat of abusive EC power is far larger than the threat of oligopoly. Eppur si muove!

E.ON Energie brought an action before the General Court requesting the Commission's decision be annulled, or at least that the fine be reduced. In today's judgment, the General Court has rejected the application, ruling that the Commission was entitled in law to consider in the present case that, at the very least, the seal had been negligently broken. E.ON Energie was required to take all necessary measures to prevent any tampering with the seal, having been clearly informed of the significance of the seal and the consequences of any breach.

There is an Antitrust Armageddon in Europe between tiptop companies and Fourth Reich(EU). Eurokleptocrats are willing to do anything in order to get kickbacks from industry leaders. The European antitrust laws have the unfortunate consequence of harming Europeans by chilling innovation and discouraging competition. Instead of protecting competition, EU laws protect competitors who give kickbacks to kleptocrats! Kickback is the lubricant that allows a European industry to run smoothly! No European machinery can run without lubricant! Eppur si muove!

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