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• The EU acquis introduces a system not resulting any unfair
treatment between the undertakings by enabling the calculation
of the fines in proportion to the duration of the violation, where-
as the Regulation on Fines introduces an unfair system where-
by undertakings engaging in short or long-term violations are
imposed the same proportion of fines.
The provisions introduced by the Regulation on Fines further vio-
late the Constitution with respect to the effects of the turnover and the
duration of the infringement on the base monetary fine, violate the
Competition Act with respect to upper and lower limits of the admin-
istrative monetary fines and also contravene with the general principles
of criminal law by not determining the mitigating and aggravating fac-
tors on the administrative monetary fine to be imposed on the directors
and employees of an undertaking.
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