Law Amending The Competition Act And The Criminal Code (Imposition Of Prison Sentence In Cartel Cases, Increase The Level Of The Fine, Penalty Relief, Modified Case Processes, Etc.)

Original Language Title: Lov om ændring af konkurrenceloven og straffeloven(Indførelse af fængselsstraf i kartelsager, forhøjelse af bødeniveauet, straflempelse, ændrede sagsprocesser m.v.)

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Law on the amendment of the competition law and the penal code

(Conduction of prison sentence in cartels, raising the level of the penalty level, tightening, changed case processes etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the competition law, cf. Law Order no. 972 of 13. In August 2010, the following changes are made :

1. I § 8 (3) TWO, THREE. pkt., the following shall be inserted after ' notification schemes ` shall mean : ` and the submission of a non-confidential version of a notification `.

2. I Section 9 (1). ONE, TWO. pkt., the following shall be inserted after ' notification schemes ` shall mean : ` and the submission of a non-confidential version of a notification `.

3. I Section 11 (1). 6, inserted after ' paragraph 2 or 5 ":", including the submission of a non-confidential version of a query or notification ".

4. I § 11 a pasted as paragraph 8 and 9 :

" Stop. 8. The hope that aid must be ended, cf. paragraph 1 may be issued, regardless of when the decision to grant the aid in question has been taken.

Niner. 9. Support as provided for in paragraph 1. 1 shall be paid to the Treasury ' s repayment. ` ;

5. I § 12 (b) (b) 3, the following shall be inserted after ' notification schemes ` shall mean : ` and the submission of a non-confidential version of a concentration of fusion `.

6. I § 12 d, paragraph 1 5, inserted after the ' merger ` shall be inserted : `, cf. however, paragraph 1 SIX. "

7. I § 12 d pasted as paragraph 6 :

" Stop. 6. Complaints of a participating undertaking to the Competition Board of the Competition in a fusion case in which no decision has yet been taken after paragraph 12 c (3). Paragraph 1 or 3 shall terminate the deadlines set out in paragraph 1. One-four, until the Board of Ass has taken a ruling in the appeal proceedings. "

8. Section 13 (1). 3, ITREAS :

" Stop. 3. The Competition and Consumer Protection Agency can also make public statements and information on competition for competition in the area of competition. `

9. I Section 14, paragraph 14. 3, ' establishment ' shall be inserted after ' firm ` : ` shall be added to competition `

10. ~ 15 a (a) (a) 2, ITREAS :

" Stop. 2. In cases where a commitment is issued, or where commitment is made binding, the Competitor shall issue a communication on misgivings and an appeal point notification. The deadline for the submission of the opinion of the Parties to a communication on concerns is 2 weeks. They shall be made out in accordance with section 6 (2). 4, section 10 (a) (1). 1 and 6, section 11, paragraph 1. 4, section 11 (a) (1). Paragraph 1, or paragraph 11 (b), 2, the time limit for the submission of the opinion of the Parties to a Draft Scataptism shall be six weeks. In the three. Act. where additional part shear is to be carried out pursuant to the administrative act, the time limit for the submission of opinion is three weeks, unless the case has already been submitted to the Competite Council. Act. shall not apply in cases where a decision is taken following this Chapter 4 of this Chapter. ` ;

11. Insert after section 15 :

" § 15 e. Competition and Consumer Protection can publish documents that form part of the proceedings and to which third parties are required to make a necessary statement. Section 13 (1). 4, shall apply mutatis mutis. ` ;

12. I § 16 pasted as paragraph 2 :

" Stop. 2. Competition may issue an injunction necessary to ensure a timely and proper fulfillment of the porifices issued by the Council in accordance with paragraph 1. 1. "

13. Section 18 (2). 4, ITREAS :

" Stop. 4. The Competition and Consumer Management Board may collect a copy of the data content of electronic media covered by the inspection, in order to subsequently review the copy. The collected data shall be sealed or otherwise secured against unloading before the inspection is completed. The person who is the subject of the inspection may require that this person, or one of this appointed representative, to ensure that the data collected is made available to read and that the management board examines the collected material. The Competition and Consumer Management Board shall have a duty not later than 40 working days after the completion of the inspection study, to provide a copy of the information which the Management Board may have taken from the collected data to the one subject to the inspection. When the examination of the collected data is complete, the data must be secured against reading. The collected data shall be deleted if the Board considers that the material does not contain any evidence of a breach of the competition rules. If Competition and Consumer Services decide to proceed with the case, the collected data must be deleted when the case is finally settled. '

14. After section 18 a is inserted Chapter 6 :

" § 18 b. In cases where an agreement or behaviour after a preliminary assessment is estimated to be an infringement of section 6 (4). Paragraph 1, section 11, paragraph 11. The first subparagraph of Article 101 (1) of the Treaty of the European Union Article 102 (1) or Article 102 and where there is a risk of serious damage to competition if a rapid intervention is not undertaken, the Competitor may issue an injunction, cf. section 16, which is intended to discontinue the harmful effects of the Agreement or the behaviour of the behaviour.

Paragraph 2. No later than 10 working days after the Competitor has issued an injunction in accordance with paragraph 1. 1, the Council must submit the decision on the Competition Board for the submission of the claim, cf. however, paragraph 1 3. Finding no place before the deadline, the decision shall lapses.

Paragraph 3. An injunction in accordance with paragraph 1. 1 shall apply from the confirmation of the Competition of the Competition and until the Competition Council has decided whether there is a violation of the law or the Competition Council has made it compulsory for undertakings to be made binding, cf. § 16 a (3) (a) 1. a party before the time limit referred to in paragraph 1 shall be provided. 2 renouncing the decision of the Competition Council to the Competition Board of Competition shall be valid from the tender from the Council of the party ' s decision. ` ;

15. I § 19 pasted as paragraph 6 :

" Stop. 6. The Competition Board may examine decisions which the Competition Council is taking pursuant to section 18 b (s). 1. "

16. I Section 21 (1). 2, pasted as Act 4. :

The President or a member may, however, have completed processing cases which, during the termination of the duties of the person concerned, are under consideration in the Board of Insities. '

17. I Section 23, paragraph 1. 1, the following paragraph shall be inserted after ' washed ` : 3 or ".

18. I Section 23, paragraph 1. 1, no. 12, is "obtained, or" to : "obtained,".

19. I Section 23, paragraph 1. 1, is inserted after no 12 as a new number :

" 13) omits to comply with an injunction after paragraph 18 (b) (b) ; One, or. "

13 becomes the second paragraph. 14.

20. Section 23, paragraph 1. 3 and 4, is hereby repealed and the following shall be inserted :

" Stop. 3. The penalty for the one in breach of section 6 (2). The first subparagraph of Article 101 (1) of the Treaty of the European Union 1, cf. section 24 (2). 1, a cartelan agreement, cf. 2. cogent, may go to prison for a period of one year and six months if the infringement is intentional and by gross nature due to the scale of the infringement or the harmful effects it is suitable for. Cartel agreement after 1. Act. an agreement, concerted practice or adoption of establishments at the same level of marketing,

1) prices, avancer el.lign. in the sale or resale of goods or services,

2) the restriction of production or sale ;

3) splitting up markets or customers ; or

4) the coordination of tenders.

Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 5. In the case of the measurement of fines for this law, account shall be taken of the gravity and duration of the infringement. In addition, the turnover of legal persons shall be taken into account in the measurement of fines in relation to legal persons.

Paragraph 6. The period of time for the penalty period is five years. `

21. I § 23 (1) (a) 1, the following sentence shall be inserted after "fine" : "or jail time".

§ 2

In the penal code, cf. Law Order no. 1007 of 24. In October 2012, the following changes are made :

1. The following section 299 is inserted :

" § 299 c. A cartelan agreement shall be subject to a cartels covered by competition law in section 23 (2), in the penitentice of six years. As special circumcision, in particular cases where the infringement has had a significant degree or has been suitable to cause significant damage. '

§ 3

The law shall enter into force on 1. March, 2013.

§ 4

The law does not apply to the Faroe Islands and Greenland.

Given to Marselisborg Castle, the 23rd. December 2012

Under Our Royal Hand and Segl


/ Annette Vilhelmsen