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 2021 law, which went into effect on January 1, 2022 added a new chapter on “supervision fee” (Section 53 et seq.)
Undertaking operating in markets regulated by specific Acts shall pay the supervision fee prescribed in this Chapter to the Competition Authority. Spectific Acts are (1) the Electricity Market Act, (2) the District Heating Act, (3) the Aviation Act, (4) the Natural Gas Act, (5) the …

Supervision fee

Competition law in Estonia is governed by the Competition Act of 5 June 2001, which entered into force on 1 October 2001 and replaced the previous Competition Acts of 1993 and 1998. The substantive rules of the Act are based on Articles 101 and 102 TFEU. The Act was amended several times, in particular regarding administrative sanctions on 19 June 2014 and regarding civil actions on 10 May 2017. Most recently, the Act was amended on 21 November 2018 and on 30 December 2021 in order to repeal Chapter 7, which dealt with unfair competition and did not fall within the ambit of the Competition Authority's prerogatives and on 20 February 2019 regarding the register of State aid and de minimis aid.

Context

The Competition Act is broad in its scope of application, encompassing all anticompetitive acts and State aid occurring at national level as well as the activities of foreign based undertakings having an effect in Estonia. Pursuant to Section 1(1) of the Act, its scope extends to a wide variety of activities, from the mining of natural resources to the manufacture of goods or the provision of services. The provisions concerning undertakings apply to companies that perform functions in public law and to the State and local governments if they participate in a product market. Before 2013, undertakings which belonged to the same group of companies or other undertakings connected through control by one over the other, could only be considered as a single undertaking where there was no competition between them. The new wording of Section 2 of the Act, as amended on 19 June 2013 no longer includes that restriction. From 15 July 2013, groups of undertakings may be deemed to be a single undertaking under the sole condition that they are connected to each other through control. Where the matter under consideration concerns a credit institution, investment broker or insurance undertaking, the authority responsible for competition control is the applicable sector-specific regulator. Restrictive agreements in the agricultural sector only fall under the prohibition if competition is substantially restricted.

Scope

The 2021 law, which went into effect on January 1, 2022 added a new chapter on “supervision fee” (Section 53 et seq.)

Undertaking operating in markets regulated by specific Acts shall pay the supervision fee prescribed in this Chapter to the Competition Authority. Spectific Acts are (1) the Electricity Market Act, (2) the District Heating Act, (3) the Aviation Act, (4) the Natural Gas Act, (5) the Postal Act, (6) the Ports Act ans the Public Water Supply and Sewerage Act.

This supervision is exercised by the Competition Authority in order to ensure the provision of continuous, safe and high-quality services to consumers for an economically justified price and, at the same time, to promote sustainable development of such markets shall be financed from the received supervision fees. The Competition Authority shall ensure the separation of costs of its areas of activity (Section 3(3)).

The supervision fee is paid based on the sales revenue indicated in an administrative act issued in respect of each network area or licensed territory or electricity generation at rate of the supervision fee (0,2% of the sales revenue of services on the market regulated by a specific Act).

Section 53 (5) lists all undertakings deemed to be subject to the supervision fee.

Supervision fee is paid each calendar year no later than on 30 September. If a person requires to pay the supervision fee fails to pay the fee within the term prescribed in the order, the Competition Authority shall have the right to implement compulsory enforcement pursuant to the procedure provided for in the Code of Enforcement Procedure (Section 53).

Global Competition Law

204. Supervision fee

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Les notions juridiques connexes

204. Supervision fee

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