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Conclusion
Updates in competition legislation by the Competition Authority in
light of deficiencies met in practice are welcome. The submission to
public opinion of the Regulation Project on Fines is one of the
Competition Authority’s projects to update competition legislation.
It should be noted that the Regulation Project on Fines remedies a
lot of deficiencies met in practice. Nevertheless, it is important to high-
light the main points below for review:
• Addition of a general preamble and article justifications in the
Regulation Project on Fines;
• Content and language uniformity between the Regulation
Project on Fines and the Draft Act;
• Amending of the provision which states that the turnover
“
…generated at the end of the fiscal year preceding the final
decision, or if that cannot be calculated, by the end of the fiscal
year closest to the date of the final decision …
” should be taken
into account in the determination of the fine, such that the
turnover of the undertaking’s last business year during which
the infringement took place will be taken into account in the
determination of the fine.
• Replacing the general repetition provision by the special repeti-
tion provision;
• Deleting the provision related to deterrence;
• Deleting the provision related to participation or adding
grounds for participation in the Competition Act;
• Determining mitigating and aggravating circumstances for
managers and employees.
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