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

At the end of the adversarial procedure, if the 3-member panel of the Competition Council finds an infringement of the competition rules, it can order the undertaking concerned to put an end to such violation. To that end, the Council has authority to impose any coercive measures proportionate to the violation and necessary to bring it to an effective end, pursuant to Article 11 of the 2011 Compet …

Cease and desist orders

At the end of the adversarial procedure, if the 3-member panel of the Competition Council finds an infringement of the competition rules, it can order the undertaking concerned to put an end to such violation. To that end, the Council has authority to impose any coercive measures proportionate to the violation and necessary to bring it to an effective end, pursuant to Article 11 of the 2011 Competition Act.

The Council can sentence for an anticompetitive practice by imposing a fine up to a maximum of 10% of the worldwide turnover before tax of the undertaking concerned, pursuant to Article 20.2. It is to be noted that the exact amount is to be set up indivdually, considering the situation of each undertaking, the risk of repetition of any misconduct, the seriousness and duration of the practices sentenced. 

When the Council has issued interim measures under Article 13, or a cease and desist order under Article 11, non-compliance of the undertaking can be furthered sanctioned by a periodic penalty up to 5% of the average daily turnover of the undertaking (Article 22). 

Moreover, Article 20.1 sets up a specific fine to sanction non-cooperation with a request for information issued by the Council during the proceedings. The same goes for responses to the Council that are incorrect, incomplete or misleading or handed in after the given time limit, whether the undertaking was intentional or not in doing so. 

Fines

Article 21 allows the Council to exempt from fine, in part or in full, any undertaking cooperating in the investigation having participated in a restrictive agreement. However, total immunity is excluded for undertakings having forced other undertakings through their economic power, or by any other means, to participate in the alleged cartel.

The Council stresses that the first contact etablished by the applicant undertaking is essential to fix the ranking in case other undertakings decide to collaborate as well. A proper application for leniency before the Council must gather at least key elements on the identity of the undertaking, the motivations for the leniency application, the other undertakings in the alleged cartel, the markets affected, the total lenght of the practice and any information on whether a leniency request or some elements of it have already been disclosed to another national competition authority or are expected to be. 

Global Competition Law

509. Cease and desist orders

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Les notions juridiques connexes

509. 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