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

“Gun jumping”, i.e. implementing a merger prior to its clearance is sanctioned by a 10% fine if the operation is not subsequently cleared, or cleared subject to conditions which were not respected by the undertakings. This rule remains valid but under new Section 62 of the Act, as amended by Act 80/2013, the CCA may impose a fine of no more than 1% of the preceding year's total turnover where the  …

Fines

Article 22(4) empowers the CCA to inform the parties to a concentration that the transaction may be declared compatible only after necessary obligations and conditions are fulfilled. The notifying parties are granted a maximum of thirty days to propose adequate commitments (whether behavioral and/or structural measures) and other conditions in order to remove the negative effects of the concentration concerned. Such commitments may be proposed by the notifying parties as early as in the prior notification of the concentration.

Where the parties to a transaction implement a concentration that the CCA declared incompatible or a concentration that they did not notify, the Agency may, in addition to imposing fines, order that the shares or interest acquired be transferred or divested; or prohibit or restrict the exercise of voting rights related to the shares or interest in the undertakings parties to the concentration, and order the joint venture or any other form of control by which a prohibited concentration has been put into effect to be removed (Article 24).

Conditions and commitments - Divestiture

“Gun jumping”, i.e. implementing a merger prior to its clearance is sanctioned by a 10% fine if the operation is not subsequently cleared, or cleared subject to conditions which were not respected by the undertakings. This rule remains valid but under new Section 62 of the Act, as amended by Act 80/2013, the CCA may impose a fine of no more than 1% of the preceding year's total turnover where the concentration is finally approved. 

Failure to notify a concentration or providing incorrect or misleading information is punishable by a fine of up to 1% of the total turnover achieved by the undertaking concerned in the last year for which financial statements have been completed.

Global Competition Law

111. Fines

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

Les notions juridiques connexes

111. Fines

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