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

  According to the Penal Code, Code of Criminal Procedure and Competition Act Amendment Act in force since 27 February 2010, the person that is involved in anticompetitive agreements, concerted practices or decisions of association of undertakings set out as punishable in Section 400 of the Penal Code, may submit a leniency application to the Competition Authority in order to be released from liab …

Leniency

Cease and desist orders may be issued pursuant to Section 636 of the Act, but only in cases of urgency and where the Competition Authority deems there is a risk of significant and irreparable damage to competition due to violation of the provisions of Article 101 or 102 TFEU.

Cease and desist orders

Under Section 400 of the Penal Code, agreements, decisions or concerted practices between undertakings which have as their objective or effect  the restriction of competition are punishable by a pecuniary sanction of up to 5% of the undertaking's turnover or up to one year's imprisonment. 
In addition, where such agreements, including in the context of public procurements, consist in directly or indirectly determining price or other trading terms with respect to third persons; limiting production, service, goods markets, technical development or investment; or sharing  markets or sources of supply, restricting access to goods markets to third  persons or attempting to exclude third persons from these markets, they are punishable by a pecuniary sanction of 5 to 10% of the undertaking's turnover or by one to three years’ imprisonment.

Fines

  According to the Penal Code, Code of Criminal Procedure and Competition Act Amendment Act in force since 27 February 2010, the person that is involved in anticompetitive agreements, concerted practices or decisions of association of undertakings set out as punishable in Section 400 of the Penal Code, may submit a leniency application to the Competition Authority in order to be released from liability or to obtain a significant reduction of the fine (Section 781).

The Penal Code of 2002 considered that all competition offenses were criminal in nature. However, on 19 June 2014, the Estonian Parliament decriminalized most competition law infringements except anticompetitive agreements.

Since 1st January 2015, even if repeated, abuse of a dominant position and misuse of essential facilities are no longer crimes but only misdemeanors. As a consequence, company board members will no longer face detention and limitation periods will be shortened from 5 to 3 years for such infringements.

The amendment however significantly increased the level of fines for misdemeanors. Whereas the maximum fine was of up to EUR 32,000, since 1st January 2015, it reaches up to EUR 400,000. 

The maximum fine for crimes such as anticompetitive agreements, set at up to EUR 16 million, remained unchanged. 

In addition, agreements entered into by natural persons incur a sentence of up to one year's imprisonment, and up to three year's imprisonment when they concern public procurement contracts.

Global Competition Law

221. Leniency

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Les notions juridiques connexes

221. 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