The paper presents the way in which the European Commission applied the transaction procedure in its second case ended by a transaction – case COMP/38866, Animal Feed Phosphates. This is the first case (and the only one so far) in which the Commission ended the investigation by a transaction even if only some of the parties under investigation transactioned (the so-called hybrid case).

This present article is intended to make a comparative analysis between a special mitigating circumstance which was introduced in 2010 in the Competition Law no. 21/1996, republished, with further amendments, and other legal institutions available both at the level of the national legislation in the competition field as well as the level of the European legislation in the context of the establishment of the sanction by the competition authori...