Parliament Act No. 16 Of 19 November 2007 On Competition

Original Language Title: Landstingslov nr. 16 af 19. november 2007 om konkurrence

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Parliament Act no. 16 of 19 November 2007 on competition Historically

Modified repeals, hovedlov replaces information

Repealed by
Parliament Act no. 1 of 15 May 2014 on Competition (Competition)

Hovedlov to
Home Rule Executive Order no. 17 of 27 June 2008 informing the Competition Authority on mergers, acquisitions and mergers of companies
Home Rule Executive Order no. 16 of 27 June 2008 on public authorities' review of regulations or decisions under Rule Act on competition
home Rule Executive order no. 19 of 27 June 2008 on the municipalities' obligation to submit a business investment under the Greenland Parliament Act on municipalities the opportunity to contribute to private sector development through investment in commercial business, etc. the competition Authority
home Rule Executive Order no. 3 of 1 February 2008 on Competition Protection Agency


Adds to Home Rule Executive Order no. 16 of 27 June 2008 on public authorities' review of regulations or decisions under Rule Act on Competition
Home Rule Executive Order no. 17 of 27 June 2008 informing the Competition Authority regarding mergers, acquisitions and mergers of companies
home Rule Executive order no. 19 of 27 June 2008 on the municipalities' obligation to submit a business investment under the Greenland Parliament Act on municipalities the opportunity to contribute to private sector development through investment in commercial business, etc. the Competition Authority
home Rule Executive Order no. 3 of 1 February 2008 on Competition Protection Agency



Chapter 1

Purpose and scope


§ 1. Landsting Act aims to promote effective social use of resources through effective competition for the benefit of businesses and consumers.

§ 2. Landsting Act covers all economic activity and support using public funds for business activities.
Subsection. 2. The provisions of Parts 2 and 3 shall not apply if a restriction of competition is a direct or necessary consequence of public regulation. A restriction laid down by a municipal council is only a direct or necessary consequence of public regulation when the restriction is necessary to enable local councils to fulfill the duties imposed by law.
Subsection. 3. Decisions taken by a municipal enterprise, cf.. Rule Act on Municipal opportunity to contribute to private sector development through investment in business activity, etc., equivalent to decisions taken by the municipal council, cf.. Paragraphs. 2.
Subsection. 4. Determination of whether a restriction of competition covered by paragraph. 2, taken by the Government of Greenland. Asks the Competition Board, see. § 17 paragraph. 1 Greenland government to determine whether a restriction of competition covered by paragraph. 2, the Greenland government decide within 4 weeks from receipt of the Competition Board's request. Competition Board may extend the deadline.
Subsection. 5. If the Competition Board finds that a government regulation or a fund may have adverse effects on competition or otherwise hinder effective social resource use, the Competition Board to Greenland government issue a reasoned opinion, which points out the harmful effects on competition and make proposals to promote competition in the area. The Cabinet must respond to Competition Committee's opinion within four months from receipt of the Competition Board's opinion. Competition Board may extend the deadline.
Subsection. 6. An authority that regulates and decides on business activity must notify the regulation or the decision to the Competition Authority, see. § 17 paragraph. 2 provided that:
1) economic activity is performed by the authority itself or by a company in whose governing body the authority are represented and
2) regulation affecting competition.
Subsection. 7. The Cabinet shall, after consultation with the Competition Board rules on notification, including rules on anmeldelsespligtens extent.

§ Subsection 3. The Act does not cover pay and working conditions. Competition Board may, however, for the use of his work demand information from organizations and companies on pay and working conditions.

§ 4. The provisions of Chapter 2 shall not apply to agreements, decisions and concerted practices in the same company or group.
Subsection. 2. The Cabinet may determine, after consultation with the Competition Board rules on the application of paragraph. 1, including rules for what constitutes agreements, decisions and concerted practices in the same company or group.


§ 5. The definition of the relevant market by this Act on the basis of studies of demand and supply substitution and potential competition. The potential competition must be examined when the companies involved position on the relevant market have been documented, and this position gives rise to doubts about whether the county law is violated.
Subsection. 2. Competition Board may draw on external expertise needed for the assessment under paragraph. 1.


Chapter 2

Prohibition of anticompetitive agreements


§ 6. It is forbidden for companies to enter into agreements that directly or indirectly has the object or effect of restricting competition.
Subsection. 2. Agreements under subsection. 1 may be, for example:
1) To fix purchase or selling prices or other trading conditions.
2) To limit or control production, markets, technical development or investment.
3) to share markets or sources of supply.
4) To apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive.
5) To ask the conclusion of an agreement that parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject.
6) At 2 or more companies coordinate their competitive behavior by establishing a joint venture.
7) To fix resale prices or otherwise seek to get one or more trading partners not to deviate from recommended selling prices.
Subsection. 3 pieces. 1 also applies to decisions by associations of undertakings and concerted practices between undertakings.
Subsection. 4. In order to bring violations of § 6 paragraph. 1, an end to the Competition Board issue an order pursuant. § 19. To meet the concerns of the Competition Board has in relation to paragraph. 1, the Board may also make commitments which it has given, mandatory under. § 20.
Subsection. 5. The agreements and decisions prohibited by paragraph. 1-3 is void unless they are exempted under § 7 are exempted under § 8, covered by a declaration under § 9 or an exemption pursuant to § 10

§ 7. The prohibition in § 6 paragraph. 1, does not apply if:
1) The contracting parties' combined market share does not exceed 10 percent in any relevant market affected by the agreement, where the agreement is made between undertakings which are actual or potential competitors in the relevant market, see. however paragraph. 2 and 3.
2) The individual partners' market shares do not exceed 15 percent in any relevant market affected by the agreement, where the agreement is made between undertakings which are not actual or potential competitors in any of these markets, see. however paragraph. 2 and 3.
3) The contracting parties' total turnover does not exceed 5 million kroner, see. However paragraph. 2 and 3.
paragraph. 2. The exceptions in paragraph. 1 shall not apply in cases where:
1) Companies or an association of undertakings agreements, coordinate or determine prices, profit margins for the sale or resale of goods or services.
2) two or more undertakings through an agreement implementing or seeking to implement ex ante regulation of bids, fix or seek to establish the conditions for opening tenders must perform or seek to perform ejection of tenders, undertake preliminary review of tenders or otherwise commit themselves to cooperate in the bidding.
Subsection. 3. The prohibition in § 6 paragraph. 1 shall apply notwithstanding paragraph. 1 for an agreement between undertakings, a decision by an association of undertakings and concerted practices between undertakings where that along with similar agreements, decisions or concerted practices restricting competition.
Subsection. 4. In cases where it is difficult to classify the agreement as either an agreement between competitors or an agreement between non-competitors, the threshold of 10 percent.
Subsection. 5. The exceptions in paragraph. 1 applies if the market shares of no. 1 and 2 do not exceed the thresholds of 10 percent by 15 percent in two calendar years by more than 2 percentage points.
Subsection. 6. The Cabinet may, after consultation with the Competition Board lay down rules on calculation of turnover under subsection. 1, no. 3, and rules on the exemption for minor transgressions of the market shares in paragraph. 1 pt. 1 and 2, see. Paragraph. 5.

§ 8. The Competition Commission exempts for review agreements between undertakings, decisions by associations of undertakings or concerted practices between undertakings from the prohibition in § 6 paragraph. 1 if the Competition Commission estimates that:
1) helps to enhance the efficiency of production or distribution of goods or services or to promoting technical or economic progress,

2) allows consumers a fair share of the benefits,
3) not impose restrictions which are not needed to achieve these objectives, and
4) not allowing companies to eliminate competition for a substantial part of the goods or services.
Subsection. 2. Review of the agreement, decision or concerted practice with an application for relief under subsection. 1 must be submitted to the Competition Authority. Competition Board shall lay down rules on notification, including the use of specific notification forms.
Subsection. 3. Decisions under paragraph. 1 must specify the period for which the exemption applies. The exemption can not enter into force from the moment of notification. Exemptions may be granted on terms.
Subsection. 4. After review, the Competition Board extend an exemption if the Competition Board considers that the conditions of paragraphs. 1 is still present. PCS. 3 shall apply mutatis mutandis.
Subsection. 5. Competition Board may amend or revoke a decision under subsection. 1 or paragraph. 4 if:
1) The facts have changed with the decision essential point.
2) The participants in the agreement, decision or concerted practice does not comply with the terms imposed.
3) The decision was made on the basis of false or misleading information from the parties to the agreement, decision or concerted practice.

§ 9. The Competition Board may, after notification by an undertaking or association of undertakings declaring that an agreement, decision or concerted practice with the conditions under which the Competition Board has knowledge of, fall under the prohibition in § 6 paragraph. 1, and that therefore there is no basis for issuing an order pursuant to § 6 paragraph. 4. Competition Board shall lay down rules on notification, including rules on the use of specific notification forms.

§ 10. The Cabinet may, after consultation with the Competition Board establish rules for exemption from the prohibition in § 6 paragraph. 1 of categories of agreements, decisions and concerted practices which satisfy the conditions of § 8 paragraph. 1.
Subsection. 2. When the agreements, decisions by associations of undertakings or concerted practices that are covered by a group exemption issued under paragraph. 1 in a specific case has effects which are incompatible with the terms of § 8 paragraph. 1, the Competition Board, withdrawal of the companies involved in the agreement.


Chapter 3

Abuse of dominant position


§ 11. It is forbidden for one or more companies from abusing a dominant position.
Subsection. 2. Abuse by paragraph. 1 can for example be available at:
1) Directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions.
2) Limitation of production, markets or technical development to the prejudice of consumers.
3) The use of dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive.
4) That it made as a condition for the conclusion of an agreement that parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject.
Subsection. 3. In order to bring violations of paragraphs. 1 end to the Competition Board issue an order pursuant. § 19. To meet the concerns of the Competition Board has in relation to paragraph. 1, the Board may also make commitments that the company has submitted binding meaning. § 20.
Subsection. 4. Competition Board may, by notification from one or more companies declare that certain behaviors basis of the facts which the Competition Board is aware of the provisions of paragraph. 1, and that therefore there is no basis for issuing an order under paragraph. 3.
Subsection. 5. Competition Board shall, upon request declare whether one or more undertakings in a dominant position. If the Competition Board that a company does not hold a dominant position, the message is binding until the Competition Board revokes it.
Subsection. 6. Competition Board may set rules on the material, which must be put to use for a decision under subsection. 4 or 5.




Chapter 4

Competition-distorting support



§ 12. Competition Board may issue an order that aid granted through public resources in favor of certain types of business activity must be eliminated or be repaid.
Subsection. 2. An order may be issued when support:
1) direct or indirect object or effect of distorting competition and
2) is not legal under government regulation.

Subsection. 3. Determining If granted is lawful under government regulation made by the Government of Greenland, respectively, of the municipal supervisory authority, unless otherwise provided by other legislation. The decision must be taken within four weeks from receipt of the Board's request. Competition Board may extend the deadline.
Subsection. 4. An order for repayment of aid may be issued to private companies, non-profit institutions as well as fully or partially state-owned companies that operated in corporate form. The Greenland government may lay down regulations that orders under paragraph. 1 for repayment of aid can also be issued to certain fully or partially state-owned companies that operate in company-like form.
Subsection. 5. Competition Board's powers to order repayment of aid barred five years after the aid was paid. The deadline may be suspended from the time the Competition Board on its own initiative or on the basis of a complaint initiates a case and until such time as the Board afgørelse.Konkurrencenævnet showdown interest in connection with the repayment under the Act on Interest on Overdue Payments etc. including the return can be made from payment of the competition-distorting subsidies.
Subsection. 6. Competition Board may, by notification, declare that public support for the conditions that the Competition Commission has knowledge, not covered by paragraph. 2, no. 1, and that therefore there is no basis for issuing an order. Competition Board may establish rules on notification, including the use of specific notification forms.

§ 13. Municipalities that are planning to make a business investment, see. Rule Act on Municipal opportunity to contribute to private sector development through investment in business activity, etc., must first investment is made, submit the planned investment, the Competition Authority who may grant advance commitments that, after the conditions which the competition Authority has been informed, no competition-distorting subsidies within the meaning of § 12 paragraph. 2.
Subsection. 2. The Cabinet shall determine, after consultation with the Competition Board, rules on municipalities the obligation to obtain prior approval from the Competition Authority, as well as rules on cooperation procedure between local regulators and the Competition Authority.


Chapter 5

Notice of mergers, etc.


§ 14. Mergers, acquisitions and mergers of companies must be notified to the Competition Authority. This does not apply if the merger, acquisition or merger of companies is between parent companies and subsidiaries or between subsidiaries of the same group.
Subsection. 2. The Cabinet shall determine, after consultation with the Competition Board, rules on notification obligations, including rules that certain mergers, acquisitions and mergers need not be communicated.


Chapter 6

Publicity and public access


§ 15 Act on Public Administration does not apply to proceedings under this Act, except for matters concerning provisions in accordance with § 2. 7, § 4, paragraph. 2, § 7, paragraph. 6, § 8 paragraph. 2, point 2., § 9, second paragraph., § 10 paragraph. 1, § 11 paragraph. 6, § 12 paragraph. 4, 2nd sentence. and paragraphs. 6, 2nd sentence., § 13 paragraph. 2, § 14 paragraph. 2, § 17 paragraph. 3 and § 25 paragraph. 3. However, the § 4 paragraph. 2 and § 6 of the Greenland Parliament Act on open government use. 1st and 2nd clauses. also applies when the information obtained under this Act is passed on to another administrative authority.
Subsection. 2. The Cabinet's decision in accordance with § 2. 4, 1st clause., And § 12 paragraph. 3, first paragraph., Notification in accordance with § 2. 6 Competition Board's reasoned opinion and the Cabinet's response after § 2. 5 Competition Authority's prior approval according to § 13 paragraph. 1, and the Competition Board's decision taken pursuant to this Act shall be published. Furthermore, decisions made by the Competition Authority on Competition Board's behalf made public, if it is deemed to be significant for the understanding of the application to this Act or to be of interest to the general public. In cases where, with reference to § 29 is imposed or accepted a fine, there must be publication of the judgment, a fine or a summary thereof.
Subsection. 3. Competition Board may publish information on the Competition Board's business and general information.

Subsection. 4. When publishing under subsection. 2 and 3, information on technical issues, including research, production practices, products as well as trade and business secrets are not published, so far as it is of economic significance for the person or enterprise concerned. In addition, information about each customer relationship in companies supervised by the FSA, not published.
Subsection. 5. The one who must provide information to the Competition Tribunal may recommend to the Board Chairman may request the information under paragraph. 4 may not be disclosed or made publicly available, nor must be given to the Committee members. The President shall decide finally, to what extent and in what form information should be disclosed.

§ 16 Act on case management in public administration applies in cases under this Act. In cases where there should shall be heard by landstinglov on case management in the public service, including access to the full draft decision. The deadline for submitting the opinion must be at least 3 weeks, unless the case has already been submitted to the Competition Board.




Chapter 7

Competition Authority, the organization and powers


§ 17. Competition Board shall ensure compliance with this Act and the regulations issued pursuant to this Act referred. However, § 2. 4, 1st clause., And § 12 paragraph. 3, 1st clause. Competition Board may hear a case on its own initiative, after review or on the basis of a complaint. The Competition Commission will decide whether there is sufficient cause to investigate or adjudicate in a case, including whether the proceedings should be suspended or discontinued. Likewise, the Competition Board may decide not to proceed with a case where companies have previously made commitments in accordance with § 20 Paragraph
. 2. Competition Authority is the secretariat of the Competition Board in proceedings under this Act and shall perform the Competition Board's behalf the daily administration of county law.
Subsection. 3. The Cabinet shall establish the Competition Council's rules and procedures, the Competition Board and the Competition Protection Agency for the nomination and appointment of the Competition Committee members, dismissal of members of the Board upon recommendation from the chairman of the Board before the end of the season as well as rules on the payment of the Competition Committee members in accordance with Rule Act on remuneration etc. to members of the parliament and the government, etc.

§ 18. The Competition Commission consists of a chairman and six members. Chairman and members appointed by the Government of Greenland for a period of up to 4 years. The Competition Commission shall have comprehensive knowledge of public and private employment, including legal, economic, financial and consumer issues. President and 3 of the Competition Committee members should be independent of commercial and consumer interests. The Cabinet appoints one member on the recommendation of professional organizations in the association, one member on the recommendation of consumer organizations and 1 member with special insight into public-employment on the recommendation of the Cabinet and KANUKOKA jointly. Competition Committee members shall be appointed on the basis of their personal and professional qualifications, and they should be independent in their work.

§ 19. The injunction Competition Board may issue in accordance with § 6 paragraph. 4, 1st clause. Or § 11 paragraph. 3, point 1., In order to eliminate the adverse effects of anti-competitive activity, may include:
1) Complete or partial termination of agreements, decisions, trading conditions.
2) that stated prices or profits must not be exceeded or that the calculation of prices and profits shall be specified calculation.
3) Duty of one or more of the companies to sell to specified buyers on the conditions usually applied for similar sales. The company can, however, always require cash payment or adequate security.
4) To provide access to an infrastructure facility that is needed to be able to offer a product or service.
5) Duty to report general trading terms to the Competition Authority.
Subsection. 2. An order under subsection. 1, no. 5, valid for 2 years from the time the decision is final.

§ 20. Commitments made by companies that meet the concerns expressed by the Competition Commission in relation to § 6 paragraph. 1 or § 11 paragraph. 1 can of the Board should be binding on the companies. A commitment can be time-limited.
Subsection. 2. After the commitments have been made mandatory under. Paragraph. 1, the Competition Board issue the orders necessary to ensure timely and proper fulfillment of the commitments.

Subsection. 3. Competition Board may revoke a decision under subsection. 1 if:
1) The facts have changed with the decision essential point.
2) The participants in the agreement, decision or concerted practice is contrary to the commitments made.
3) The decision was made on the basis of false information or misleading information from the parties to the agreement, decision or concerted practice.

§ 21. Competition Board may ask for any information, including accounts, accounting records, printouts of books, other business papers and electronically stored data deemed necessary for its work or for determining whether a matter is covered by this Act provisions.

§ 22. Competition Supervisory Authority for Competition Board's business conduct inspections, which implies that the Competition Authority will have access to a company or association premises and means of transport in order there to familiarize themselves with and take copies of any information, including accounts, accounting records, books and other business records, irrespective of the medium. During an investigation, the Competition Authority ask for oral explanations and require persons covered by the investigation show the contents of their pockets, bags, etc. in order that the Competition Authority can be acquainted with and possibly take a copy of this.
Subsection. 2. Where a company or association is stored or processed by an external data processor, the Competition Authority access to the external data processor's premises in order there to familiarize themselves with and make copies of the information. Access assumes that it is not possible for the Competition Authority to access that information directly from the company or association that is the subject of the inspection.
Subsection. 3. Competition Supervisory inspections can take place only after obtaining a court order from the High Court of Greenland and on proof of identity.

§ 23. In connection with an investigation in accordance with § 22, the Competition Authority take reflections of the data contents of electronic media that covered by the investigation and may include the mirrored material for subsequent review. The mirrored material should be sealed when the Competition Authority is leaving the company premises. He who is the subject of the investigation may require this himself, or his designated representative may be present when the seal is broken and at the Competition Authority review of the mirrored material. Competition Authority is obliged, within 25 working days after the inspection to provide a set of copies of the information which the Competition Authority may have taken from the mirrored material, the subject to inspection. When the review of the mirrored material is complete, the mirrored material kept in sealed condition. The mirrored material shall be erased if the Competition Authority assesses that the case does not contain evidence of a violation of competition rules. Deciding Competition Authority to proceed with the case, the mirrored material deleted when the case is finally decided.
Subsection. 2. If the undertaking or body or conditions mean that it is not possible for the Competition Authority the same day as the inspection is carried out, to access or take copies of the information, the Competition Authority seal the relevant premises and information for up to 3 business days thereafter.
Subsection. 3. Under the same conditions as in paragraph. 2, the Competition Authority, against receipt, include the information or the medium in which the information is for the purpose of copying. That the Competition Authority included has material, together with a list of the copies that are taken, and a set of copies of the information which the Competition Authority has taken for use for a review shall be returned to the undertaking or association not later than 3 business days after the inspection.
Subsection. 4. Competition Authority may in special cases extend the deadlines in paragraphs. 1-3.

§ 24. The police shall provide assistance to the Competition Authority in exercising the powers under § 22 paragraph. 1 and 2 and § 23 paragraph. 1-3.

§ 25. Competition Authority may in other countries 'competition authorities, subject to reciprocity disclose information covered by the Competition Authority's secrecy and which are necessary to promote the enforcement of these countries' competition laws, including to meet Greenland's bilateral or multilateral obligations within the commonwealth.
Subsection. 2. When transmitting information to other countries' competition authorities Competition Authority may disclosure of the information:

1) is subject to a similar duty of confidentiality, the recipient
2) used exclusively for the purposes set out in a bilateral or multilateral agreement, if the exchange takes place in pursuance thereof, and
3) only may be disclosed with the express consent of the Competition Authority and only for the purpose for which consent.
Subsection. 3. The Cabinet may lay down rules on Competition Supervisory disclosure to foreign authorities of information covered by this Act secrecy.


Chapter 8

Appeals


§ 26. Competition Board's decisions by county law can not be appealed to any other administrative authority.
Subsection. 2. Decisions by § 2. 1 and 6, § 3, 1st paragraph., § 4, paragraph. 1, § 6, paragraph. 1, § 7, paragraph. 1-3, § 8 paragraph. 1 piece. 3, 2nd sentence. Paragraph. 4 and 5, § 9 paragraph. 1, § 11 paragraph. 1 piece. 4 and 5, § 12 paragraph. 1 and paragraph. 6, first paragraph., § 14 paragraph. 1, § 15 paragraph. 4, § 19, § 20 paragraph. 2 and 3 and § 35 paragraph. 3, 2nd sentence., May be brought before the Greenland High Court as the first instance of:
1) on which the decision is addressed, and
2) on which, incidentally, has individual, significant interest in the matter. This does not apply Competition Board's decisions according to § 20 paragraph. 2 and 3.
paragraph. 3. Decisions according to § 17 paragraph. 1, can not be brought before the High Court of Greenland.
Subsection. 4. Referral of decisions according to § 15 paragraph. 4, have suspensive effect. Referral of other decisions to the Competition Board or the High Court of Greenland suspensive effect.

§ 27. Referral of decisions of the High Court of Greenland must be made within four weeks after the decision was communicated to him. When special circumstances, the High Court of Greenland disregard of indbringelsesfristen.




Chapter 9

Penalties etc.


§ 28. The Cabinet or the one that the Cabinet deputy can impose daily or weekly penalty payments on that fails:
1) To provide the information which the Competition Board may request under this Act.
2) To comply with a condition or an order issued pursuant to this Act.
3) To comply with a commitment that is made binding, see. § 20.

§ 29. There may be fined the person who intentionally or recklessly:
1) Violates § 6 paragraph. 1.
2) Violates or fails to comply with a condition attached under § 8 paragraph. 3, 3rd clause. Or paragraph. 4, 2nd sentence.
3) Violates § 11 paragraph. 1.
4) Violates or fails to comply with an order pursuant to § 12 paragraph. 1.
5) Should the announcement according to § 14 paragraph. 1.
6) Violates or fails to comply with an order pursuant to § 19
7) Violates or fails to comply with a commitment that is made binding under § 20 paragraph. 1.
8) Violates or fails to comply with an order pursuant to § 20 paragraph. 2.
9) Fails to comply with a requirement under § 21
10) Submits incorrect or misleading information to the Competition Commission or the Competition Authority or fails to disclose information relevant to the case for which the information is collected.
Subsection. 2 pcs. 1 pt. 1 shall not apply from the time when an agreement, decision of an association of undertakings or concerted practices have been notified to the Competition Tribunal under § 8 paragraph. 1 or paragraph. 4 and until the Competition Board has communicated its decision under § 8 paragraph. 1 or paragraph. 4.
Subsection. 3. If the violation is committed by a company which is wholly or partially owned by the state, the Greenland Home Rule, a municipality or a municipal community covered by the legislation on municipal councils and village councils, a public limited liability company, a cooperative society or the like, can be imposed on the enterprise etc. as such criminal liability. The same applies if the offense is committed by the Greenland Home Rule, a municipality or a municipal community covered by the legislation on municipal councils and local authorities etc.
Subsection. 4. The rules laid down under this Act may provide that the intentional or grossly negligent violation of the rules may result in the imposition of fines.

Subsection. 5. The rules established pursuant to this Act, may contain rules on penalties for willful or grossly negligent violation committed by a company which is wholly or partially owned by the state, the Greenland Home Rule, a municipality or a municipal covered on municipal councils and village councils, a public limited liability company, a cooperative society or the like. There may also be provided on the measure by the Criminal Code for intentional or grossly negligent violations committed by the Greenland Home Rule, a municipality or a municipal community covered by the legislation on municipal councils and local authorities etc.
Subsection. 6. Fines imposed by paragraph. 1 and paragraph. 3-5 accrue to the Treasury.
Subsection. 7. Limitation of liability to penalties is five years.

§ 30. The acting contrary to § 6 by forming cartels, may obtain the cancellation of the fine that would otherwise have been imposed for its participation in the cartel, if the applicant as the first alert the authorities and present information about a cartel, which authorities were not in possession at the time of application. There must be information:
1) As before the authorities on their own initiative carried out an inspection or search the matter in question, gives the authorities concrete reason to initiate an investigation, a search or lodge a police report on the conditions.
2) As, after authorities carried out an inspection or search the matter in question, enabling the authorities to find an infringement in the form of a cartel.
Subsection. 2. Cancellation of the fine can be obtained only if the applicant:
1) cooperate with the authorities throughout the case,
2) by the submission of the application ends its involvement in the cartel, and
3) not compelled others to participate in the cartel.
Subsection. 3. If an application for cancellation of the fine is not in paragraphs. 1 pt. 1 or 2, said conditions, the application as an application for leniency, see. § 31 paragraph. 1.

§ 31. The acting contrary to § 6 by forming cartels, can achieve a reduction of the fine that would otherwise be required for its participation in the cartel if:
1) the applicant provides information concerning the cartel which represents significant added value with respect to the information which the authorities are in possession of, and
2) the applicant meets the in § 30 paragraph. 2, specified conditions.
Subsection. 2. reduction in its fine for the applicant first complying with paragraph. 1, represents 50 percent of the fine that would otherwise be required for its participation in the cartel. For the second applicant who meets the conditions of paragraph. 1 represents fine is reduced 30 percent. For subsequent applicants who meet the conditions of paragraph. 1 represents fine is reduced up to 20 percent.

§ 32. Applications for withdrawal of fine or reduction submitted to the Competition Authority. In cases where individuals or companies are sighted, or where the prosecutor's office has opened an investigation of a suspected infringement in the form of a cartel, the application for relaxation of the measures may also be submitted for prosecution.
Subsection. 2. An application under subsection. 1, treated according to the following procedure:
1) The authority receiving the application referred to. Paragraphs. 1, acknowledge receipt thereof.
2) The competent authority referred to. § 33 paragraph. 1, assurance is issued containing information on whether the terms of § 30 paragraph. 1 or § 31 paragraph. 1, are met, and whether at this point are grounds to reject the application, because the conditions of § 30 paragraph. 2, is not deemed to be fulfilled.
3) When the case and the assessment is finalized, the competent authority in accordance. § 33 paragraph. 2, whether the applicant meets the conditions of § 30 paragraph. 2, and shall, if so, fine discontinuance or reduction of fines in accordance with the preliminary commitments received by the applicant after # 2.

§ 33. A preliminary approval given by the authority that received the application in accordance with § 32 paragraph. 1. Prior to delivering a preliminary approval according to § 32 paragraph. 2, no. 2, shall have been discussed between the Competition Authority and the prosecution. A preliminary commitment for cancellation of the fine can be granted only if those authorities so agree.

Subsection. 2. A notice of cancellation of the fine according to § 32 paragraph. 2, no. 3, given by the prosecution in the form of a settlement after consulting the Competition Authority. A message for leniency according to § 32 paragraph. 2, no. 3, made after consulting the Competition Authority of prosecution, as in the case either issue a fixed penalty notice or refer the matter to the courts.

§ 34. Applications from different companies may not be submitted as joint application for relaxation of the measures unless the candidates are affiliated, and the application separately indicate which companies the application must include.
Subsection. 2. An application by an undertaking or association includes automatic current and former directors, officers or other employees, provided that the person meets the conditions of § 30 paragraph. 2. When the case and the assessment is finally over, the prosecution referred. § 33 paragraph. 2, whether the person meets the conditions of § 30 paragraph. 2, and shall, if so, the cancellation of a fine or reduction of fines in accordance with the preliminary commitment by the company or association under § 32 paragraph. 2, no. 2.


Chapter 10

Commencement and transitional provisions, etc.


§ 35. Landsting Act shall come into force on 1 March 2008. However, the provisions § 17 paragraph. 3 and § 18 into force on 1 December 2007. By this Act comes into force Rule Act no. 28 of 30 October 1992 on competition.
Subsection. 2. Cases by Rule Act no. 28 of 30 October 1992 on competition that is not finished by this Act into force shall be canceled. This does not complaints, as well as cases pending before the courts.
Subsection. 3. Anti-competitive agreements, decisions and concerted practices existing at the time of this Act comes into force, which is prohibited under § 6, paragraph. 1, can, if they are notified before 1 September 2008 with a view to an exemption under § 8, maintained until 3 months after the Competition Board's decision in the case, notwithstanding that the Competition Commission rejects. Competition Board may extend the period of 3 months.



Greenland Home Rule, 19 November 2007




Hans Enoksen
/
Siverth K. Heilmann

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