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

  Where the Competition Commission finds an infringement of Sections 1(1) or 2, it may require the undertakings concerned to end the infringement and refrain from committing it in the future (Section 25(1) b). A failure to comply with such a cease and desist order is punishable by fines. …

Cease and desist orders

  Where the Competition Commission finds an infringement of Sections 1(1) or 2, it may require the undertakings concerned to end the infringement and refrain from committing it in the future (Section 25(1) b). A failure to comply with such a cease and desist order is punishable by fines.

Infringements of the prohibition on restrictive agreements and abuse of dominance are punishable by a fine of up to 10% of the turnover of the undertaking during the financial year in which the offense was committed, or the preceding year (Section 25(2)a). In exercising its discretion regarding the amount of the fine, Section 25 requires the Competition Commission to consider both the gravity and the duration of the infringement. The Competition Commission published guidelines on the amount of fines in May 2006. Failure to comply with an order of the Competition Commission regarding an infringement of Sections 1 and 2 is punishable by a daily fine of up to EUR 10,000 for each day of non-compliance. 

New Article 25B of Law No 4882/2022 clarified that this provision covers (a) the final decisions of the HCC, (b) decisions finding an infringement and requiring the undertaking concerned to bring the infringement to an end, (c) decisions that make binding the proposed commitments, (d) decisions imposing behavioral or structural remedies, as well as, (e) decisions adopted in the context of interim relief. 

New Articles 25B provides that the maximum fine imposed on each undertaking may reach up to 10% of the total worldwide turnover of the undertaking in the business year preceding the decision, as opposed to the national turnover applied under the previous regime. 

Article 25B introduces a new calculation of the fines in line with the ECN+ Directive. 

Fines

A leniency program has been in place in Greece since 2006. In November 2011, the Competition Commission introduced a revised leniency program (Decision No 526/IV/2011). Total immunity or reductions from fines are available to natural persons or undertakings who contribute significantly to the detection and establishment of the cartel. For natural persons in particular, the granting of total immunity from fines also absolves them from criminal liability, while the granting of a fine reduction is regarded as a mitigating circumstance, thus resulting in the imposition of a reduced sanction pursuant to Section 83 of the Penal Code.

New Article 29B titled “Leniency Programs for secret cartels” as added by Article 30 of Law No 4886/2022 provides that associations of undertakings are eligible for immunity from fines or reductions of fines in cases where they participate in an alleged cartel on their own. Moreover new Article 29B fully harmonized with the ECN+ Directive, defines the general conditions for leniency. In the same vein, new Article 29D entitled “Immunity from fines” provides that in cases where the HCC rejects an application for immunity from fines, the applicant concerned may ask the HCC to consider its application as an application for a reduction of the fine. 

Leniency

According to Section 44(1), “Anyone entering into an agreement or implementing a concerted practice in breach of Article 1 or Article 101 TFEU, shall be punished by a fine of between fifteen thousand (15,000) euros and one hundred and fifty thousand (150,000) euros (...). If the act of the first paragraph refers to companies that are among the actual or potential competitors, a penalty of imprisonment of at least two years and a fine of between one hundred thousand (100,000) and one million (1,000,000) euros”. Abuse of a dominant position is punished by a fine of between EUR 30,000 and EUR 300,000 (Section 44(2)).

Recently, Act 4389/2016 of 27 May 2016 has amended the Competition Act to specify that an offender who admits liability for a competition law infringement before the Competition Commission and quickly pays the administrative fine imposed may not incur any criminal sanction for said competition law infringement.

Global Competition Law

347. Cease and desist orders

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Les notions juridiques connexes

347. Cease and desist orders

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