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 Leniency Program (Immunity from and Reduction of Administrative Fines in cases of Restrictive Collusions Infringing Section 3 of the Act or/and Article 101 of the TFEU (Regulations of 2022 (P.I. 442/2022)) is the legal framework that defines the leniency or full exemption from administrative fines.
The Competition Protection Commission (CPC) provides leniency applicants with immunity or reduce …

Leniency

Where the Commission finds that there has been an infringement of Sections 3 or 6, it may order that the behavior be terminated within a fixed time-limit (Section 29(b)).

Cease and desist orders

Pursuant to Section 27, the Commission may impose a fine, according to the gravity and duration of the infringement of an amount not exceeding 10% of the total turnover of the undertaking or of the total turnover of every undertaking member of the infringing association of undertakings in the year during which the infringement took place.

Previously, other infringements were punished by a fine calculated on the basis of a maximum fixed amount. The 2014 amendment changed those rules and now any fine must be based on a maximum percentage of the undertaking's turnover. 

Therefore, where an undertaking refuses to cooperate with an investigation under Sections 36 to 38, it may be given a single fine of up to 1% of its turnover for the preceding accounting year as well as a daily fine of up to 5% of its daily turnover for each day of non-compliance. The same fine is incurred where an undertaking provides false information or fails to otherwise properly address a Commission request for information in a timely manner. The same penalty is incured in case of refusal to comply with a mandate of the Commission for inspection, or in case of intentionally or negligently violating a seal.

An administrative fine up to EUR 25,000 can also be imposed upon natural persons in numerous cases such as intentionally or negligently providing false, incomplete, inaccurate or misleading information, refusal to receive a written request of the Commission for the collection of information, refusal or omission to comply with summons or to make a statement pursuant to the provisions of Section 37 (statements), or even failure to comply with an obligation imposed by any provision of the law to provide information requested within the set timeframe.

The Commission’s power to impose pecuniary sanctions is subject to the statute of limitations provisions set out at Section 49 of the Act, which provides for a limitation period of three years for infringements of provisions concerning requests for information or the conduct of inspections, and of five years in the case of all other infringements.

Fines

The Leniency Program (Immunity from and Reduction of Administrative Fines in cases of Restrictive Collusions Infringing Section 3 of the Act or/and Article 101 of the TFEU (Regulations of 2022 (P.I. 442/2022)) is the legal framework that defines the leniency or full exemption from administrative fines.

The Competition Protection Commission (CPC) provides leniency applicants with immunity or reduced fines in administrative proceedings, but this doesn’t shield them from civil damages claims. Under the Competition Damages Law, immunity recipients are liable only to their direct or indirect purchasers/suppliers, or other parties if full compensation cannot be obtained from others involved.

Provisions in the Competition Damages Law govern document disclosure in civil claims.The court cannot order parties or third parties to disclose leniency statements and settlement submissions.However, the court may review them upon claimant request, with restricted access. Additionally, disclosure of certain evidence categories, like information prepared for Competition Authority proceedings or withdrawn settlement submissions, can only occur after the competition authority has closed its proceedings.

Pursuant to Part X, Sections 59 to 62 of the Act, any person who omits to comply with or acts in contravention of a decision of the Commission issued pursuant to any of Sections 26, 29, and 30, or pursuant to Section 34 ordering the taking of interim measures, commits a criminal offense punishable with a sentence of imprisonment not exceeding two years or with a fine not exceeding EUR 340,000 or with both such penalties. Furthermore, contravention to the duty to secrecy imposed by Section 40 is punishable with imprisonment not exceeding one year or with a fine not exceeding EUR 3,500 or with both such penalties.

Global Competition Law

128. Leniency

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Les notions juridiques connexes

128. Leniency

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