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 Competition Authority can prohibit the concentration or make approval dependent on the performance of conditions and obligations directly related to the concentration, taking into account the parties' proposals (Section 27(3)).
  Under Section 29 of the Act, the Competition Authority may revoke a decision to grant permission to merge where the parties have submitted false, misleading or incomp …

Conditions and commitments - Divestiture

The Competition Authority can prohibit the concentration or make approval dependent on the performance of conditions and obligations directly related to the concentration, taking into account the parties' proposals (Section 27(3)).

  Under Section 29 of the Act, the Competition Authority may revoke a decision to grant permission to merge where the parties have submitted false, misleading or incomplete information or the concentration has been implemented in breach of a term or other condition specified in the Act or in the decision granting permission. Withdrawn permission does not deprive the parties to the concentration of their right to submit a new notification application to the Competition Authority.

  Moreover, the Competition Authority may issue an order prohibiting the implementation of a concentration that is subject to control (Section 27).

  Since 15 July 2013, the parties to a concentration may also make a proposal for assumption of obligations in order to avoid a restriction of competition on the product market. The Competition Authority may prohibit the operation where the assumed obligations are not suitable in order to avoid a restriction of competition on the product market and the parties to the concentration do not agree to change those obligations, or if the parties to the concentration have not made a proposal on assuming obligations within one month of the Competition Authority's invitation. Where the obligations assumed require an additional analysis or the parties to the concentration agree to change or supplement the assumed obligations, the running of the time period specified in subsection 27(2) of the Act is suspended once for up to two months. The parties to a concentration are required to inform the Competition Authority of the performance of the assumed obligations within ten calendar days after the date of performance of the obligations or after the expiry of the term for performance of the obligations referred to in the decision granting permission to merge.

On 19 June 2014, the Estonian Parliament decriminalized most competition law infringements. Previously, failure to notify a concentration could constitute a crime where repeatedly committed by a previously sanctioned undertaking. Since 1st January 2015, such an infringement, even if repeated, no longer constitutes a crime but only a misdemeanor. Therefore, company board members no longer face detention and limitation periods were shortened from 5 to 3 years for such infringements.

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

Global Competition Law

231. Conditions and commitments - Divestiture

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Les notions juridiques connexes

231. Conditions and commitments - Divestiture

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