Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The SIC officially starts the action based on information of which it is aware, through the application of a third party, a complaint or when it receives a transfer or referral from another authority.
The authority can, with the request to the complainant, keep the identity of those who report anticompetitive practices secret where there are risks that the complainant will be subject to trade reta …

Proceedings before the SIC

The SIC officially starts the action based on information of which it is aware, through the application of a third party, a complaint or when it receives a transfer or referral from another authority.

The authority can, with the request to the complainant, keep the identity of those who report anticompetitive practices secret where there are risks that the complainant will be subject to trade retaliation because of the denunciation.

Firstly, the SIC studies the information contained in the complaint filed by a party. The authority can also use its power to determine its admissibility and whether an action can be initiated or whether there are sufficient merits to engage in a preliminary inquiry. For the above analysis, the Superintendent is empowered to collect more information.

Under Section 52 of Decree No 2153, the results of the preliminary inquiry will determine the need to open a formal investigation. The SIC may request any evidence that it considers appropriate and the undertakings have a deadline of twenty days to comply and/or to require the SIC to communicate its own evidence. An hearing is conducted where the undertakings concerned may present their observations. Afterwards, the findings are presented to the SIC and a report is submitted stating whether or not there has been any infringement. That report must be included in the investigation file and any interested parties can submit observations. Finally, the SIC issues the order terminating the process, an act that supports application for reconsideration. 

An early termination of the investigation may however occur where, before the twenty-day deadline, the undertakings offer the SIC guarantees that they will suspend or modify their behavior. 

Interim remedies may be granted by the SIC where otherwise the effectiveness of a subsequent sanction decision is put at risk. Henceforth, the SIC may order the immediate suspension of the anticompetitive behavior (section 18 of Law n° 1340)

Global Competition Law

943. Proceedings before the SIC

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Les notions juridiques connexes

943. Proceedings before the SIC

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise