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

Pursuant to Sections 68(1)(f ) and 69, implementation of a prohibited or suspended merger is punishable by a fine up to 10% of the turnover made in the previous financial year. A similar fine may be imposed for failure to comply with conditions or obligations set out by the Authority (Section 68(1)(g)). The provision of false, inaccurate or incomplete information in the notification file incurs a  …

Fines

Authorization of a merger may be made subject to certain conditions and obligations (Section 51). However, the Competition Authority may refuse the proposed commitments whenever it considers that the submission is simply a delaying tactic or that the conditions or obligations offered are insufficient or inadequate to prevent impediments to competition that might result from the concentration between undertakings or that the feasibility of such commitments is uncertain. The Competition Authority may initiate ex officio proceedings where the parties to the concentration have supplied false information in order to obtain the authorization of the Authority or have partially or totally failed to respect the conditions set out in an authorization decision (Section 57). 

A decision prohibiting a merger may order, among other things, the divestiture of assets (Section 53(2)) and declare null and void the legal operations in relation to the prohibited merger.

Conditions and commitments - Divestiture

Pursuant to Sections 68(1)(f ) and 69, implementation of a prohibited or suspended merger is punishable by a fine up to 10% of the turnover made in the previous financial year. A similar fine may be imposed for failure to comply with conditions or obligations set out by the Authority (Section 68(1)(g)). The provision of false, inaccurate or incomplete information in the notification file incurs a fine of up to 1% of the turnover made in the previous financial year.

In accordance with Law 17/2022, the applicable fines been increased as they now cover group's worldwide turnover. 

Global Competition Law

597. Fines

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Les notions juridiques connexes

597. 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