Cap. 379 чл. 20Offences against interim orders.

(Deleted by Act III.2004.143).

association of undertakings intentionally or negligently:

(a) infringes the provisions of articles 5 and, or 9 of the

Act; and, or

(b) infringes Article 101 and, or 102 of the TFEU:

Provided that where the infringement of an association of undertakings relates to the activities of its members, the penalty shall not exceed ten per centum of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association of undertakings.

(2) (a) Where, upon delivering a judgement finding an infringement of articles 5 and, or 9 of the Act and, or Articles 101 and, or 102 of the TFEU, a penalty is imposed by the Court upon an association of undertakings, taking account of the turnover of its members, and the association of undertakings is not solvent, the Court shall order the association of undertakings to call for contributions from its members to cover the amount of the penalty due within a time limit fixed by the Court:

Provided that the Court may also specify in its judgement that where the contributions referred to in paragraph (a) are not made to the association of undertakings within the time limit fixed by the Court, payment of the penalty shall be made directly by any of the undertakings whose representatives were members of the decision-making bodies of the association of undertakings:

Provided further that the Court may also specify in its judgement that where the application of the foregoing proviso is not sufficient to ensure the full payment of the penalty, payment of the balance shall be made by any of the members of the association of undertakings which were active on the market on which the infringement occurred.

(b) The foregoing provisos of this sub-article shall not apply to those undertakings which show that they have not implemented the unlawful decision of the association of undertakings and they were not aware of its existence or had actively distanced themselves from it, before the Director General started investigating the case.

(c) The financial liability of each undertaking in respect to the payment of the penalty shall not exceed the maximum amount in accordance with sub-article (1).

(3) (a) Sub-article (1) shall, mutatis mutandis, apply when or a compliance order pursuant to article 13A;

(ii) fails to comply with an interim measure pursuant to article 15;

(iii) fails to comply with a commitment made binding pursuant to articles 12C or 17;

(b) In the application of this sub-article to an association of undertakings, sub-article (2) shall, mutatis mutandis, apply.

(4) (a) In determining the amount of the penalty, the Court shall give due regard to the gravity and the duration of the infringement and to any aggravating or attenuating circumstances.

(b) Aggravating circumstances include:

(i) the Court having already imposed a penalty on the same undertaking or association of undertakings for the same or a similar infringement;

(ii) the undertaking or association of undertakings concerned having already committed an infringement under articles 5 and, or 9 of this Act and, or under Articles 101 and, or 102 of the TFEU according to a decision or judgement which has become res judicata;

(iii) the undertaking or association of undertakings having a leading role, as perpetrator or instigator;

(iv) retaliatory or other coercive measures taken against other undertakings aimed at ensuring the continuation of the infringement;

(v) the disclosure of information to any third party not part of the relevant proceedings under this Act or the copying of any documents made contrary to the provisions of article 12B(6).

(c) Attenuating circumstances include:

(i) the involvement of the undertaking or association of undertakings in the infringement being substantially limited;

(ii) the undertaking or association of undertakings ending the infringement on its own accord; pressure.

(5) The Court shall impose a penalty on any person, undertaking and, or association of undertakings not exceeding fifty thousand euro (€50,000) or a penalty not exceeding one per centum (1%) of the total worldwide turnover of the undertaking or association of undertakings in the business year preceding the judgement imposing the penalty under this sub-article, whichever is the highest, where any person, undertaking and, or association of undertakings in the course of any investigation pursuant to article 12 or in the course of a sector inquiry pursuant to article 11A, intentionally or negligently:

(a) give any false, misleading, incomplete or incorrect information in response to a request for information or question referred to in article 12, or they do not supply the information within the specified time limit;

(b) produce or furnish, or cause or knowingly allow to be produced or furnished any document or information which they know to be false in any particular material;

(c) fail to comply with an inspection and, or obstruct the Director General and, or his officers and, or any other person authorised or appointed by the Director General in the exercise of their powers under a warrant issued under article 12(7)(a) and (b);

(d) break the seals affixed by officers of the Office or other accompanying persons authorised or appointed by the Director General during an inspection;

(e) in response to a question referred to in article12(7)(c)(vi), give an incorrect, misleading answer, fail or refuse to provide a complete answer;

(f) disclose information to any third party not party of the relevant proceedings under this Act or make copies of any documents contrary to the provisions of article 12B(6);

(g) fail to appear at an interview referred to in article 12; or

(h) prevent or hinder any investigation or sector inquiry.

(6) Where during the course of any investigation or inquiry conducted under the Act, a person, being a director, manager, secretary or any other similar officer of an undertaking or association of undertakings or any other person who has to reply to a request for information or a question pursuant to article 12 knowingly or recklessly:

(a) gives any false, incorrect or misleading information;

(b) supplies incomplete information; particular material; or

(e) fails without reasonable cause to supply the information requested, may be liable to a penalty of not less than one thousand and five hundred euro (€1,500) and not more than ten thousand euro (€10,000), and may also be liable to a penalty of up to two thousand and four hundred euro (€2,400) for each day in default.

(7) The Court shall impose on an undertaking and, or association of undertakings, periodic penalty payments determined in proportion to the average daily total worldwide turnover of the undertaking and, or association of undertakings concerned in the preceeding business year, for each day of delay, calculated from the date set in the judgement or decision issued by the Director General, as the case may be, in order to compel it or them:

(i) to comply with a cease and desist order and, or a compliance order pursuant to article 13A;

(ii) to comply with interim measures pursuant to article 15;

(iii) to comply with a commitment made binding pursuant to articles 12C or 17;

(iv) to submit to an inspection and to produce the required objects, documents or other records as referred to in article 12;

(v) to supply complete information in response to a request for information referred to in articles 11A and 12;

(vi) to supply correct information and, or to produce the requested documents in response to a request for information referred to in articles 11A and 12;

(vii) to appear at an interview as referred to in article 12; and (viii)to stop from pursuing any other conduct which is hindering the investigation or sector inquiry and, or to rectify any acts or omissions.

(8) When determining the penalties pursuant to this article, the Court shall in exercising its discretion ensure that the penalties imposed are effective, proportionate and dissuasive.

(9) The Court may consider compensation paid as a result of a consensual settlement when determining the amount of a penalty to be imposed for an infringement of articles 5 and, or 9 of this Act and, or Articles 101 and, or 102 TFEU in accordance with regulation 17(3) of the Competition Law Infringements (Action for Damages) Regulations as contained in the Schedule to the Act.

(11) The liability for the payment of any type of penalty arising under this article shall be without prejudice to any other liability that a person, undertaking and, or association of undertakings may be subject to under any other law.

(12) Notwithstanding the provisions of any other law, at any time prior to the delivery of a judgement imposing a penalty under this article, the Court may request the total worldwide turnover from any undertaking and, or association of undertakings.