Cap. 379 Art. 26APrescription for the imposition of penalties.

(1) Penalties or periodic penalty payments shall only be imposed under article 21 of the Act when judicial proceedings concerning infringements contemplated in the Act are instituted within five years after the termination of the infringement:

Provided that in the case of infringements of the Act concerning requests for information, production of documents and the conduct of inspections, penalties or periodic penalty payments shall only be imposed under article 21 of the Act when judicial proceedings are instituted within three years after the termination of the infringement.

(2) Deleted by Act XVI.2019.49.

(3) (a) The prescription period for the imposition of penalties of a competition authority with a view to investigating or instituting proceedings for the infringement.

(b) The prescription period for the imposition of penalties or periodic penalty payments by the Court pursuant to article 21 of the Act shall be interrupted for the duration of the investigation or proceedings before the national competition authorities of other Member States or the European Commission in respect of an infringement concerning the same agreement, decision of an association of undertakings, concerted practice or other conduct prohibited by Article 101 or 102 of the TFEU.

(c) The prescription period referred to in this sub-article shall be interrupted with effect from the date of notification of the first formal investigative measure to at least one undertaking or association of undertakings which has participated in the alleged infringement.

(4) Formal investigative measures which interrupt the running of the prescription period shall include in particular the following:

(i) written requests for information by the Director General, the European Commission or by a national competition authority;

(ii) a warrant issued by a Magistrate under article 12 to conduct an inspection, or a written authorisation by the European Commission in terms of Article 20 of Council Regulation (EC) No 1/2003, or an equivalent document issued by a national competition authority;

(iii) the commencement of proceedings by the Director General, the European Commission or by a national competition authority;

(iv) the communication of a statement of objections by a competition authority of a Member State;

(v) the notification of the invitation by the Director General to engage in settlement discussions under article 12B.

(5) The interruption of the prescription period shall apply to all undertakings and associations of undertakings which have participated in the alleged infringement.

(6) The prescription period shall start to run again from each interruption.

(7) The interruption of the prescription period shall end on the day the Court closes the proceedings before it by delivering a judgement pursuant to articles 12C, 13, 13A or 21 of this Act or when the Director General issues a decision in terms of article 17 of this Act or when the Director General or the Court conclude that there are no grounds for further action on their part.

(8) The prescription period for the imposition of penalties and