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

Pursuant to Section 63 of the Act, any person who suffers loss as a result of an act committed in contravention of Sections 3 or 6 of the Act or of Articles 101 and 102 TFEU has the right to bring an action for the harm suffered. In this respect, the text provides, in the case of follow-on actions, that a final decision of the Commission or of another Competition Authority or of the European Commi …

Enforcement by ordinary courts

Complaints may be filed by any interested party having a legitimate interest or the Commission may act on its own initiative. The Commission alone is empowered to investigate infringements of Sections 3 and 6. New Section 23A of the Act, introduced by the 2014 Law, entitles the Commission to prioritize cases depending on criteria such as the public interest, the potential impact of its decision on competition and/or consumers and the limitation periods provided by the Act, in order to allow it to focus on the most serious breaches. Since the 2014 amendment, the Commission may also launch sector inquiries or inquiries on particular types of agreements in various sectors of the economy where the course of trade, the inelasticity of prices or other circumstances suggest a possible limitation or distortion of competition in the Republic of Cyprus. Information gathered during such investigations may be used to open ex officio proceedings.

Pursuant to Sections 36 to 39, in carrying out its activities, the Service of the Commission has the power to:

- request information from undertakings, associations of undertakings or other natural or legal persons;

- enter any office, premises, land and means of transport of undertakings with the exception of residences;

- inspect books and other professional documentation irrespective of the medium on which they are stored;

- take copies or excerpts of books or professional documents;

- seal business premises and any book or professional document for the period or extent necessary for the inspection;

- require on-the-spot oral clarifications.

The 2014 extended the Service's powers by allowing it to take oral statements from legal or natural persons with their consent (Section 37), gather forensic IT evidence, i.e. take, obtain copies or extract files, books, accounts and other records irrespective of their storage medium or place of storage (Section 38). The Commission may also cooperate with other Cypriot regulatory authorities or national competition authorities and require their assistance during investigations (Section 28).

Inspections may be conducted without prior notification except for investigations in any premises, land and means of transport not covered by Section 38, which must be conducted under a duly reasoned judicial warrant. The undertaking may consult its lawyer during the operations (Section 38(5)).

Complaints and investigations

When during the preliminary investigation, the Commission finds that an infringement of the provisions of the Act is likely, it will initiate the proceedings. Sections 18 and 32 describe the proceedings before the Commission.

A written statement must be served to the undertakings concerned informing them of the objections raised against them and of a time-limit to submit their written observations. The undertakings may request a hearing in order to further develop their written observations, which the Commission may approve or reject. The Commission is not bound to communicate to the undertaking concerned the whole file but only those documents on which it intends to base its decision, with the exception of business secrets.

Pursuant to Section 20(1), the Commission's decisions must be duly reasoned, communicated to every undertaking or association of undertakings involved and be published in the Official Gazette of the Republic.

Pursuant to Section 30(1), where the Commission intends to issue a decision requiring that an infringement be brought to an end and the undertakings or associations of undertakings involved offer commitments to meet the concerns expressed by the Commission in its preliminary assessment, the Commission may make those commitments binding on the undertakings or associations of undertakings. The decision may be issued for a specified period and conclude that there are no longer grounds for further action.

The Commission can also, on its own initiative, impose any behavioral or corrective term or measure it may deem fit for the bringing to an end of the ascertained infringement (Section 29).

Proceedings before the Commission for the Protection of Competition

Pursuant to Section 34, the Commission has the power to order temporary measures, whether on its own initiative or on application of an interested party, if necessary. The measures can be either obligations or prohibitions. They will not exceed what is strictly necessary under the circumstances, and will be applicable for a specific period of time.

Interim relief

Pursuant to Section 63 of the Act, any person who suffers loss as a result of an act committed in contravention of Sections 3 or 6 of the Act or of Articles 101 and 102 TFEU has the right to bring an action for the harm suffered. In this respect, the text provides, in the case of follow-on actions, that a final decision of the Commission or of another Competition Authority or of the European Commission ascertaining the infringement constitutes a non rebuttable presumption about the truth of its context. Those rules have changed with the transposition of EU Directive No 2014/104 of 26 November 2014 on damages actions for competition law infringements into Cypriot law by Act No 113(I)/2017. Henceforth, a decision by the Commission for the Protection of Competition or of the European Commission constitutes irrefutable proof of the infringement.

As part of a significant reform of the Cyprus legal system, a specialized Commercial Court was established under Law 69(I)/2022. This Court handles applications made by virtue of the Competition Damages Law regardless of the claim’s value.

Global Competition Law

125. Enforcement by ordinary courts

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Les notions juridiques connexes

125. Enforcement by ordinary courts

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