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 leniency program was implemented in 2009 and is governed by Article 76 of the Act. Further procedural details are set out in the Decree on the procedure for granting immunity from, and reduction of, fines for offenders who are parties to cartels, which became effective on 1st January 2010 (Official Gazette No 112/09 and 2/14).

Full immunity can only be granted to the first undertaking to meet …

Leniency

Pursuant to Article 37, the CPA may issue a decision requiring the undertaking to take measures to bring an infringement to an end. Such measures can include: disposal of business or part of it, division of the undertaking, disposal of shares in undertakings, transfer of industrial property and other rights, conclusion of licensing and other contracts or ensuring access to infrastructure.

Cease and desist orders

If an investigated undertaking supplies incorrect information or refuses to submit to the investigation procedure or in some other way obstructs the investigation procedure, it may be subject to a fine of up to EUR 50,000, in accordance with Article 27(4)). Moreover, if that same undertaking continues to obstruct the procedure despite the imposition of the fine, the CPA may impose another penalty in the same manner, until the penalty reaches 1% of the annual turnover of the undertaking in the preceding business year.

According to Article 73, a fine for a minor offense of up to 10% of the annual turnover of the undertaking in the preceding business year may be imposed on an undertaking in case of a restrictive agreement, an abuse of dominant position, or when it acts in contravention of an enforceable decision of the CPA on the termination of an infringement, interim measures or commitments.

A fine of between EUR 5,000 and EUR 10,000 can also be imposed on the responsible natural person for a minor offense, or between EUR 15,000 and EUR 30,000 for particularly serious infringements.

The CPA can impose such a fine via a fast-track procedure (Article 77).

Fines

The leniency program was implemented in 2009 and is governed by Article 76 of the Act. Further procedural details are set out in the Decree on the procedure for granting immunity from, and reduction of, fines for offenders who are parties to cartels, which became effective on 1st January 2010 (Official Gazette No 112/09 and 2/14).

Full immunity can only be granted to the first undertaking to meet the program conditions as follows: 

- full disclosure of one's participation in the alleged cartel; 

- submission to the CPA of information and evidence allowing the Agency to conduct an inspection or find an infringement;

- full cooperation with the CPA throughout the proceedings;

- ending its participation in the cartel immediately, unless told otherwise by the CPA; 

- not having coerced other undertakings to participate in the cartel.

If those criteria are not met, a reduction of the fine may be still be granted when the offender provides evidence with significant added value, cooperates and ends its involvement in the cartel. The reduction can be of 30 to 50% for the first in line, 20 to 30% for the second, or up to 20% for the others. 

Global Competition Law

667. Leniency

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Les notions juridiques connexes

667. Leniency

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Les notions juridiques connexes

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