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

According to Article 47 of the law on protection of economic competition, the AMCU can issue a preliminary decision, based on a party application, to: 
- prohibit the defendant from taking certain actions, including the blocking of its securities; 
- mandate performance of certain conduct when immediate performance is necessary based on the legal rights and interests of other persons.  …

Interim relief

Chapter VI of the Law on the protection of economic competition details the conditions to apply for permissions of both concerted actions and concentrations. 

The application for granting permission for concerted actions must be introduced by the parties to the given practice in a written notification and in the form and with the contents and annexes as set out in the Regulation on the Procedure for Submission of Applications to the AMCU for Approval for Concerted Actions approved by the AMCU's Order No. 26-p dated 12 February 2002, which was lastly updated on 18 June 2020.

Pursuant to Article 36 of the said law, the AMCU can initiate an investigation based on an application of any citizen or undertaking, on information by a government body or on its own motion. The refusal to consider a case submitted is notified in writing within three working days of its adoption to the informant.

Articles 44 and 44-1 of the said law set out the AMCU's investigatory powers. Among these powers, AMCU agents may inter alia seize evidence on the basis of a commercial court decision if one of the following conditions is met:

- evidence has not been provided and there are sufficient grounds to believe that documents, objects  or other data carriers are in a certain place;

- there is a threat that the relevant documents, objects, or other media may be destroyed.

Complaints and investigations

In matters of investigated violations of competition law, Article 39 of the law on the protection of economic competition establishes that which persons are considered parties: 

- the person against whom the case of violation of the legislation is being considered, called the “defendant”; 

- if applicable, the person who submitted the application for violation of the legislation on the protection of economic competition, called the “applicant”.

The quality of “third party” to the proceedings can be recognized for a person involved in the case because the decision may significantly affect his rights and interests. Once recognized as such, third party participate in the case, granting them a certain number of rights. 

Parties participating in the case can get access to the AMCU's file, subject to protection of confidential information and further consideration of the case, provide evidence, submit petitions as well as oral and written statements (Article 40). 

When the case is pending, a party is free to submit a petition to take measure averting negative consequences resulting from the investigated violation of the law. The AMCU must decide on the petition and may, by a preliminary decision, prohibit or mandate certain actions. 

The AMC investigation initiated on a complaint by a third party or on its own initiative is limited to 30 calendar days, which can be extended by up to 60 calendar days. In such case, there are no strictly defined stages of investigation. In all events, the statute of limitations for prosecution of a violation of the law is 5 years from the end of the violation (Article 42). 

In matters of notification for permission of a concerted practice, the AMCU follows the same  proceedings than for reviewing a concentration. 

First, there is a preview period. The AMC considers the notification and decides whether it is complete and can be reviewed on the merits. If the AMC considers it to be incomplete, the notification is rejected and must be resubmitted. The AMC has 15 calendar days to make a decision.

The Phase 1 review involves an assessment by the AMC of whether the concerted practice can be approved or whether there are grounds to prohibit it, in which case an in-depth investigation is required. The assessment must be completed within 30 calendar days of the AMC's decision that the notification is complete.

Finally, the Phase 2 review involves a close analysis of competition concerns raised by the concerted practice, examination of expert opinions and other additional information. Although the review period is limited to three months from the AMC's decision to initiate a Phase 2 review, it may be extended.

Proceedings before the AMC

According to Article 47 of the law on protection of economic competition, the AMCU can issue a preliminary decision, based on a party application, to: 

- prohibit the defendant from taking certain actions, including the blocking of its securities; 

- mandate performance of certain conduct when immediate performance is necessary based on the legal rights and interests of other persons. 

Pursuant to Article 55 of the Law on the protection of competition, the harm caused as a result of an infringement can be compensated before commercial courts. More specifically, damages resulting from concerted actions or abuses of a dominant position opens a right to compensation amouting the double of the damage caused. 

Global Competition Law

1365. Interim relief

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Les notions juridiques connexes

1365. Interim relief

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