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

Breach of the obligation to notify a concentration in a timely manner, or implementing a concentration without final authorization in violation of Sections 25 and 27, is punishable by a penalty payment. If the competition restriction and the circumstances so warrant, the fine may be increased but it cannot exceed 10% of the previous year's turnover of the undertaking concerned and, where a fine is …

Fines

Upon proposal of the FCCA, the Market Court may ban or order a merger to be dissolved or attach conditions on the implementation of the merger (Section 29(2)).

  Further, where the parties have supplied false or misleading information that has had a substantial effect on a concentration decision, upon proposal from the FCCA and notwithstanding any prior decision, the Market Court may order the concentration to be dissolved, ban the concentration, or attach conditions (Section 30). The same sanctions may be imposed where a concentration has been put into effect in breach of Section 25 or 27, i.e. without complying with attached conditions or prior to final authorization.

Conditions and commitments - Divestiture

Breach of the obligation to notify a concentration in a timely manner, or implementing a concentration without final authorization in violation of Sections 25 and 27, is punishable by a penalty payment. If the competition restriction and the circumstances so warrant, the fine may be increased but it cannot exceed 10% of the previous year's turnover of the undertaking concerned and, where a fine is unjustified or the breach is minor, no fine need be imposed.

  The FCCA can impose periodic penalty payment in order to enforce conditions that have been imposed on a proposed concentration (Section 46). The Market Court can likewise impose conditional fines in order to enforce prohibitions, injunctions or conditions, and it is the Market Court that orders payment of such conditional fines.

Global Competition Law

263. Fines

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

263. Fines

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