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 63¹ of the Competition Act, applications filed with the Competition Authority for the commencement of administrative proceedings must be in writing. Documentation available to the person submitting the application must be annexed to the application. Although anonymous applications will not be reviewed (Section 63²(1)(3)), the complaint may require that the applicant's name be …

Complaints and investigations

  Pursuant to Section 63¹ of the Competition Act, applications filed with the Competition Authority for the commencement of administrative proceedings must be in writing. Documentation available to the person submitting the application must be annexed to the application. Although anonymous applications will not be reviewed (Section 63²(1)(3)), the complaint may require that the applicant's name be not disclosed to other persons (Section 63¹(3)). An application may also not be examined where it is clearly unjustified or an action concerning the same matter has been filed with the European Commission or the competition authority of another Member State or a decision of the European Commission or of the competition authority of another Member State concerning the same matter has entered into force.

  The Competition Authority may also start administrative proceedings ex officio, pursuant to its prerogatives on the supervision of competition (Section 57).

  Since 1st September 2002, the Competition Authority is in charge of carrying out pre-trial investigations. Under Section 57, it may by way of reasoned request, ask any legal or natural person, including State agencies, to submit information necessary for the performance of its functions involving the analysis of competitive situations. Such information must be submitted within not less than ten calendar days following the request. The Competition Authority may also request written explanation to be provided. Moreover, pursuant to Section 59(1) of the Act, it can require an undertaking to submit original documents, drafts or other materials for inspection. However, since an amendment of 19 February 2014, the Competition Authority lost its power to summon persons. In addition, the Authority may now only carry out an inspection of the buildings, rooms and means of transport at an undertaking's place of business upon special permission of the Chairman of the Tallinn Administrative Court (Section 635).

The investigations may result in administrative proceedings ending up either with the dismissal of the case, the issuing of an injunction ('precept') or the inflicting of a fine in the case of misdemeanor offenses. The rules detailing the conduct of administrative proceedings can be found in the Administrative Procedure Act of 6 June 2001.

The amendments made to the Act in 2013 instituted a new way of terminating proceedings without issuing a decision. Under new Section 637, applicable since 15 July 2013, an undertaking in violation of Sections 4 or 16 of the Act or of Articles 101 or 102 TFEU and on which the Competition Authority considers imposing, by a precept, an obligation to eliminate the violation, may submit commitments aimed at improving the competitive situation and suitable for eliminating the damaging effects of the violation (written application for assumption of obligation). If the Competition Authority approves the obligation, it may, by decision, make the approved obligation binding on the undertaking and terminate the proceedings. The obligation is assumed for a specified term and the undertaking is required to notify the Competition Authority of its performance of the obligation in due time. However, the Competition Authority may, on its own initiative or on the basis of a complaint, resume proceedings where it appears that: i) the circumstances have significantly changed; ii) the undertaking fails to comply with the assumed obligation; iii) the obligation was approved on the basis of incomplete, incorrect or misleading information submitted by the undertaking.

Pursuant to Section 37 of the Act, everyone has the right, in all stages of administrative proceedings, to examine documents and files, if such exist, which are relevant in the proceedings and which are kept with an administrative authority. However the business secrets of undertakings are protected under the specific provisions of Section 63. In addition, Section 40 provides that the administrative authority must, before issuing any administrative act or taking any measures which may damage the rights of an undertaking, grant the latter a possibility to provide his or her opinion and objections in a written, oral or any other suitable form.

Where the Competition Authority deems it has collected sufficient evidence to substantiate criminal proceedings, it will issue a summary of the pre-trial proceedings and send it to the Prosecutor's Office. A settlement procedure not specific to anticompetitive practices may be found at Section 239 of the Code of Criminal Procedure.

Proceedings before the Competition Authority

Under Section 62 of the Act, the Competition Authority could issue an injunction ('precept') especially where a natural person or an undertaking abused a dominant position; violated a prohibition against agreements, practices or decisions restricting competition; or failed to comply with the obligations of undertakings with special or exclusive rights or in control of essential facilities. Section 62 of the Competition Act only covered infringements of national rules. However, the 2013 amendments introduced a new Section 63-6 specifying that in cases of urgency, the Competition Authority may, on its own initiative, impose, by means of a precept, an obligation on a natural or legal person to perform an act or refrain from a prohibited act where, to its knowledge, there is a risk of significant and irreparable damage to competition due to a violation of the provisions of Article 101 or 102 TFEU. Since the amendments brought by an Act of 19 February 2014, only infringements of European law may be the subjet of a precept: in effet, the Act purely and simply repealed Section 62.

Interim relief

Section 78 of the Act provided that parties who had suffered damage to their property or other types of harm resulting from practices prohibited under the Act were entitled to compensation according to the rules of civil procedure. The Act was amended on 10 May 2017 to introduce specific provisions in order to comply with the requirements of EU Directive No 2014/104 of 26 November 2014 on damages actions for competition law infringements. Now Section 78 states that anyone has a right to compensation for the damage caused by prohibited acts and that agreements or concerted practices between competitors aimed at coordinating their competitive behavior in the market or influencing the relevant parameters of competition, or anticompetitive actions against other competitors are presumed to cause damage. New Section 782 also establishes a presumption that the overcharge resulting from the infringement has been passed on to the indirect purchaser. According to the provisions of Section 783, undertakings which have jointly committed the infringement will be held jointly and severally liable although particular rules apply to SMEs and leniency recipients which, under certain conditions, may limit their liability to harm caused to their direct or indirect purchasers. Under Section 787, the action must be brought within five years of the cessation of the infringement. However, the statute of limitations period may be suspended by investigations or proceedings launched by the Competition Authority. Finally, new Section 788 et seq. details the rules applicable to the disclosure of evidence, which may not concern, inter alia, leniency statements or settlement agreements.

Global Competition Law

215. Complaints and investigations

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Les notions juridiques connexes

215. Complaints and investigations

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