Amendments To The Competition Law

Original Language Title: Grozījumi Konkurences likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/104.1


The Saeima has adopted and the President promulgated the following laws: the law on competition to make the competition law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 22; 2004, nr. 10; 2008, 9, 24 no; 2009, 14, no. 194; 2013, 188. nr.) the following amendments: 1. Replace the entire law, the word "Headquarters" (the fold) with the words "Competitiveness Council" (fold). 2. Replace the entire law, the word "Executive" (fold) with the words "Competitiveness Council" (fold). 3. Replace the entire law, the word "investigation" before the word "actions" (fold) with the word "procedural" (fold).
4. Put article 5 by the following: "article 5. The competition Council's composition and functioning (1) the competition Council's decision-making body is the Council which, on behalf of the competition Council adopted decisions closing administrative contracts and competition cases. The competition Council is composed of departments that provide it, the performance of the functions of the Secretariat and experts, prepared the materials, documents and draft decisions for consideration by the sessions of the Council, representing the competition Council to court and implementing the decisions of the competition Council. The Council consists of three members, one of whom is the President of the Council. (2) the President of the Council and members of the Council at the recommendation of the Minister of Economics posts approved in Cabinet. (3) the President of the Council and of the members of the Council for a period of five years. The President of the Council, and Council members may be reappointed once. (4) the President of the Council and Council members are civil servants whose professional qualifications to enable them to take decisions in competition cases. (5) the competition Council meetings are closed, if there is no other decision. They shall be convened by the President of the Council or at the request of all the members of the Council. The competition Council is empowered to take a decision or to conclude administrative agreements, subject to the vote of not less than two members of this Council. (6) meetings of the competition Council are recorded. The minutes shall be signed by all members of the Council who participated in the meeting. Council Member, you can sign a Protocol, to record their views on the issue, or make a check mark on the grounds of their views in writing to the Protocol of accession. (7) the decision of the competition Council and the administrative agreement signed by the President of the Council. (8) the President of the Council: 1) hosts and organizes the work of the competition Council and is responsible for it; 2) is funding the competition Council Treasurer and responsible; 3) manages and organizes meetings of the competition Council; 4) without special authorisation represents the competition Council; 5) is entitled to give orders to any employee of the competition Council; 6) is entitled to give instructions to the members of the Council only to the exercise of the related organizational issues. (9) the Council sickness or absence his duties shall be a member of the Council, which authorized the President of the Council. (10) the former Chairman of the Council or a member of the Council after the expiry of its mandate, continue to perform his duties until the start to hold office after the appointment or when the responsibilities of the Council begin the newly elected Chairman or member of the Council. " 5. To make article 6 the second subparagraph by the following: "(2) the competition Board shall inform the public of the performance of the tasks of the competition Council and competition protection, conservation and development issues. Decisions taken under article 8 of this law, the first paragraph of 3, 5 and 6, the competition Board shall publish on its homepage on the internet and in the Official Gazette "Latvijas journal." " 6. Supplement article 7 of the first paragraph with paragraph 9 by the following: "9) prioritize this law article 6 referred to in the first subparagraph of tasks." 7. in article 8: make the first part of paragraph 1 by the following: "1) proceedings;" turn off third and fourth. 8. To supplement the law with article 8.1 as follows: "article 8.1. The legal obligation of forced execution (1) If a legal obligation is not fulfilled, the competition Council can make a legal obligation for compulsory enforcement of money help the administrative procedure law, in so far as this law does not determine the order of the other. (2) the legal obligation For compulsory enforcement recipients warned in writing. The warning may not be appealed. (3) the competition Council forced is imposed on the executory order that may be issued repeatedly until market participants the legal obligations are met. (4) Before issuing an executory order the competition Council shall be notified in writing to the operator that obtained the information necessary to issue an executory order. Market participant within seven days of receipt of the notification, you can get acquainted with the case, express their views and to submit additional information. (5) the amount of forced down to five percent from the last financial year, the average one-day net sales on a daily basis, but not less than euro 250 per day up to the legal obligation is fulfilled. (6) On an executory order within seven days of receiving it can lodge a complaint with the administrative court. Complaint within a reasonable time, but not later than one month from the date of receipt. (7) the appeal shall not suspend the executory order execution. Executory order for forced money runs this law article 8 in the eighth. (8) the Cabinet of Ministers, in accordance with article 12 of this law the fifth issue provisions on the procedures for determining the net turnover of the financial year from which the calculation forced the money. (9) If an individual legal obligation unlawful enforcement resulting from the loss, it is entitled to compensation in accordance with the administrative procedure law and the public authorities of the damages caused by the provisions of the Act. " 9. Article 9: article name be expressed as follows: "article 9. The powers of the competition Council "; turn off the first, second, third and fourth; make the fifth part of the introductory paragraph as follows: "(5) the competition Council, through market surveillance or investigation of this law or advertising violations of the law and ensure the implementation of its decision, is entitled:"; make the fifth subparagraph of paragraph 3, the introductory paragraph as follows: "3) arrive at the market or any market participant associations (without prior notice). During the visit, the officials of the competition Council by presenting a written authorisation of the authority which contains the subject matter and purpose of the inspection, is entitled: "; Supplement fifth with point 6 and 7 by the following: "6) on the basis of the judge's decision or with the consent of the data subject, investigating infringements of competition law in the form of a prohibited agreement, require that electronic communications merchant found and issued the electronic communication process in accordance with the procedure prescribed by law; 7 the law of credit institutions) on the basis of the decision of the judge, investigating infringements of competition law, require that a credit institution in its provide confidential information. Reporting for the competition Council in accordance with the procedure laid down in this paragraph is not considered confidential disclosure and terms in connection with the credit institution does not preclude legal, including civil liability. "; off the seventh and eighth. 10. off 9.1 article. 11. Add to article 9.3 of the first and second subparagraph following the words "the fifth" with the number "3.". 12. To supplement the law with article 5.8 as follows: "article 9.4. Responsibility for failure to provide information, providing false information, the legitimate requirements of the competition Council of default and damage to sealing

(1) the competition Board has the right to impose a fine on: 1) omission of things within the prescribed period and extent at the request of the Council or of competition law cases; 2) incomplete information within a specific adjustment case; 3) failure to provide information to market surveillance within the prescribed period, and since the competition Council's repeated request; 4) providing incorrect or misleading information; 5) off to meet officials of the competition Council legal requirements; 6) article 9 of this law the fifth subparagraph of paragraph 4, the "g" in accordance with the procedure laid down in point made sealing damage. (2) The first paragraph of this article breaches the competition Council is entitled to impose a fine of up to one percent of the market or the market operator associations in the last financial year the net change for each, but no less than 50 euro each. Persons who are not participants of the market or a market operator associations, imposing a fine of eur 50 to 1400. (3) the net turnover of the financial year from which the calculation of the fines, determined in accordance with the provisions of the Cabinet of Ministers issued in accordance with article 12 of this law in the fifth. (4) in the second paragraph of the decision of the competition Council on the imposition of fines, the recipient can appeal to this law, article 8, second paragraph. " 13. Make the text of article 10 by the following: "(1) the competition Council's officers and employees, as well as other persons involved in this statutory tasks, it is prohibited to disclose or use the information become known to them in the exercise of professional or business responsibilities or tasks assigned to purposes other than their official (service) duties or specific tasks. The prohibition to disclose or use the information which has become known in the course of their service or employment duties or tasks assigned to it, the competition Council's officers and employees, as well as other persons involved in this statutory task, shall have binding effect even after the relationship has ended with the competition Council. (2) the officials of the competition Council two years after its prepared or adopted decisions or carried out the supervision, control, inquiry, punishment or other legal action shall be directly or directly for the individual, for which the official steps taken. This restriction is binding in addition to the law "on prevention of conflict of interest in the activities of public officials". (3) the competition Council, officers and staff, even after their relationship has ended with the competition Council, the law prescribed are responsible for the confidentiality and the other requirements of this Act and for damages caused by the unlawful action. (4) where the competition Council officer or employee, even after the relationship has ended with the competition Council, violated the limits laid down in this article and has learned from its material benefits, prezumējam that the relevant activities have suffered such damage that evaluates a property expression and are proportional to the forbidden way profit or financial benefit gains value. If the competition Council officer or employee, after its legal relationship with the competition Council has ended, reimburse the State voluntarily not damages, the competition Council shall take appropriate action in accordance with the procedure laid down in the law to require them to pay. (5) the competition Council requests damages in accordance with the Administrative Procedure Act, the administrative act issued concerning compensation for damage caused to and by the laws and administrative action for the enforcement of the law. " 14. To supplement the law with the chapter Ii by the following: "chapter Ii authorization of procedural activities 10.1 article. The issue of jurisdiction For permission to perform this Act article 9 the fifth subparagraph 4, 5, 6 and 7 referred to procedural actions decided by the district (municipal) Court judge after the competition Council's legal address. 10.2 article. Application for permit (1) the application for the permission to perform this Act article 9 4 of the fifth part, and (5) the operations referred to in the competition Council indicates that market participants, operators ' associations or persons to procedural actions, the subject matter and purpose of the goods, information or documents will be searched as far as it is known. (2) the application for the permission to perform this Act article 9 the fifth paragraph 6 and 7 of the activity referred to in the competition Council indicates the legal basis and the data to be retained or undisclosed information. 10.3 article. The procedure of adoption of the decision (1) judge 72 hours from the time of submission of the application, the competition Council shall consider the application of the moment, justifying the need to carry out procedural acts, consult the competition Council file, listens to a representative of the competition Council and shall decide on the admission of proceedings or for the refusal. (2) a copy of the decision of the judge of the competition Council transmitted within 24 hours from the moment of adoption of the decision. Article 10.4. Decision on the conduct of proceedings (1) the decision on article 9 of this law the fifth part (4) and (5) authorization of activities referred to in the judge indicates that market participants, operators ' associations or persons to procedural actions, the subject matter and purpose of the goods, information or documents will be searched as far as it is known, and the procedural action due. (2) the decision on article 9 of this law the fifth parts 6 and 7 of proceedings referred to in the authorization of the judge indicates market participants, operators ' Association or person for which information would be required, and the amount of information. (3) decision does not include information which cannot be disclosed in accordance with this law, article 26 of the sixth. 10.5 article. Decision on the conduct of proceedings the immediacy in order (1) If this Act article 9 of part 4 or 5 point 5 of that framework of proceedings is justified, that the property information, information or documents that may serve as evidence of the infringement of competition law are stored in the other person owned or in use in habitable rooms, vehicles, apartments, constructions and other real and immovable objects, and if the property you are looking for , information or documents because of the delays can be destroyed, hidden or damaged, the competition Council shall be submitted to the Court on the application of article 9 of this law the fifth part 4 or 5 paragraph a procedural action allowing the immediacy. (2) the judge shall immediately, not later than two hours from the moment of submission of the application, review the application of the competition Council, justifying the need to carry out procedural actions and their immediacy, consult the competition Council file, listens to a representative of the competition Council and shall decide on the admission of proceedings or for the refusal. (3) decision is entered and the operative part. The decision shall be issued by a representative of the competition Council and the competition Council transmitted to the electronic mail address. A reasoned decision shall be drawn up and sent to the competition Council and the operator, the operators ' Association or the person in respect of whom a decision within three working days. (4) decision does not include information which cannot be disclosed in accordance with this law, article 26 of the sixth. Article 10.6. Reading the file and (1) appeals against decisions of market participants, operators Association and the person in respect of whom a decision has been taken in accordance with this law or by article 10.5 10.4 procedural actions enforcement is entitled to inspect the court file. (2) On the judge's decision within 10 days from the date of arrival may submit a complaint to the President of the Court of Justice. Lodging a complaint does not suspend the competition Council's procedural action to be carried out. 10.7 article. Complaints handling

(1) the President of the Court of Justice shall examine the complaint within 10 days and, if required, hear the complainant. Market participants, operators ' associations or persons in the event of a complaint, if necessary, the hearing and the complainant and a representative of the competition Council. (2) the President of the Court's decision is final and not appealable. (3) the President of the Court of appeal may meet or decline. Allowing the appeal, can be entirely or partially cancel or amend the decision under appeal. (4) evidence obtained on the basis of the contested decision which totally or partially cancelled or amended, is not applicable in the case to the extent that it is recognised that illegality of the decision. " 15. Supplement article 11 with 2.1 part as follows: "(21) operator, which indicates that the arrangements meet the requirements of the second subparagraph shall be obliged to prove it." 16. in article 12: turn off the fourth part; to make a fifth by the following: "(5) the Cabinet of Ministers issued the rules on the procedure for determining the fine, which provides for the financial year, net turnover for the calculation of the characteristics of individual cases, the amount of the fine and the criteria for fixing, mitigating and aggravated circumstances." 17. To supplement the law with article 12.1, as follows: "article 12.1. Leniency programme (1) the leniency program for a cartel operator allows the detection of the agreement to receive the exemption from fines or collaboration agreements of the cartel prohibition in the case of the infringement-fines.
(2) the competition Council be exempted from fines for infringement of the prohibition of the cartel agreement, if: 1) market first and other evidence by the cartel prohibition of infringements related to the arrangement of facts and circumstances which are sufficient for initiation or cartel agreements ban the determination of infringement; 2) market has not performed an action, to force other players to participate in the cartel or continue participation in it; 3) at the time of receipt of the application of the competition Council does not have sufficient evidence, on the basis of which could be brought or to establish the cartel agreement to ban violation. (3) the competition Council reduced the fine for violation of the prohibition of the cartel agreement, if the market participant: 1) submitted evidence and other cartel agreements ban violation related news, which supplements the competition Council of existing evidence and data; 2) submits proof of another cartel agreements and ban the competition Council to exempt from fines for the breach of the prohibition of the cartel agreement. (4) the competition Council application for immunity from fines or reduction of fines under the leniency programme is approved or rejected by their own decision, which finds this Act article 11, first paragraph, or of the Treaty on the functioning of the European Union Article 101 the infringement referred to in the first subparagraph, imposes a legal obligation and a fine. (5) the information contained in the application for the application of the leniency programme is limited by the availability of information that can be disclosed only to the participants of the process of the competition Council in the proposed use, to ensure their rights and legal interests. (6) the decision of the competition Council on the termination of the proceedings do not include details of the identity of the operators who cooperate with the competition Council's leniency program. (7) the cabinet shall determine the order in which the competition Council of leniency programme exempt from fines and reduction of fines, as well as the requirements of the leniency program participants. " 18. off the third paragraph of article 14. 19. in article 15: to make the second, 2.1 and 2.2 in part as follows: "(2) market participants who decided to unite in one of the first paragraph of this article ways before the merger, submit to the Council a report on the competition mergers If merging the total turnover in the preceding financial year in the territory of Latvia has been not less than eur 30 million and at least two members of the merger of the turnover in the preceding financial year in the territory of Latvia has been not less than 1.5 million each. (21) the competition Board has the right, within 12 months from the date of implementation of the merger, to request, to submit a report to the members of the merger on the merger, which does not meet the second part of this article, presenting the report referred to in the conditions when the two joined to the following conditions: 1) merger on the relevant market in which the merging, and their combined market share in this particular market exceeds 40 percent; 2) there is a reasonable suspicion that the merger may lead to or strengthen a dominant position or can be substantially reduced competition in the relevant market. (22) in the second subparagraph, the operators have the right to submit to the competition Council rather than a full but short report on the merger, if there is one of the following conditions: 1) no merging does not work in one particular market or with the vertically related market; 2) merger participants work in one particular market, and their combined market share not exceeding 20 per cent; 3) merging works vertically related markets, and each Member of the merger market share on the relevant market does not exceed 30 percent; 4) merger participants acquire joint decisive influence of the first subparagraph of paragraph 3, meaning over other market participants who do not benefit, and which does not aim at getting a turnover from the sale of goods or the provision of services in the territory of Latvia; 5) merging acquires decisive influence over other players on the market, which is already merging together the decisive influence of the first subparagraph of paragraph 3. '; to supplement the article with 2.4 and 2.5 parts by the following: "(24) if the merger does not meet the second part of the report set out the conditions, market participants are entitled: 1) ask for written confirmation that the competition Council will not use 2.1 of this article, the rights set out in part require the merger participants submit a report on the merger; 2) on its own initiative, to submit to the competition Council a full or abbreviated report of the merger. (25) the competition Council may exempt from the obligation of operators to submit part of the full or abbreviated information be included in the message or document, if such information or documents are required for consideration of the report. " to supplement the article with the sixth part as follows: "(6) for the evaluation of the merger market participants pay a State fee. The Cabinet of Ministers shall determine the order in which the State fee payable for merger assessments, government fees, as well as cases in which a State fee is not refunded. " 20. in article 16: Add to the second part of the second sentence as follows: "the competitiveness Council is entitled after the merging of the request or of its own motion, extend the third part of this article that the decision of 15 working days to evaluate the binding provisions."; Add to sixth after the word "second" with name and number "or 2.1". 21. Article 17 be expressed as follows: "article 17. Responsibility of the operators of illegal mergers (1) If a report is not submitted on the merger in the cases specified in this law or the merger of market participants that are in contradiction with this law, in article 16, third paragraph, the procedure laid down in the decision of the competition Council, the competition Council is empowered to take a decision on the imposition of the fine for the new market participant or decisive influence the recipient to three percent from the last financial year's net turnover. (2) payment of the fine does not release the operator from the obligation to meet the provisions of this law and the decisions of the competition Council. With the decision of the competition Council imposed binding rules enforcement made under article 8.1 of this law in relation to the legal responsibilities for enforcement of the procedures laid down. (3) in accordance with the procedure laid down in this article is the calculated fine including the public in General. " 22. the express article 20 second paragraph as follows: "(2) a court judgment on this law and European Union competition law may set one or more of the following duties: 1) stop and prohibit actions that violate this law and competition law of the European Union; 2) take action to prevent this law and competition law of the European Union; 3) to provide adequate remedies for infringement. " 23. To supplement the law with article 20.1 the following: 20.1 "article. This law and European Union competition law infringement cases

(1) the Court which adopted the application and proposed the use of this law, and European Union competition law violations, seven days after initiation of the competition Council transmitted to the application and the decision on the proceedings of a copy (copy). (2) the competition Board may, on its own initiative, the Court to give an opinion on the European Union's competition law aspects of application. The competition Council is right before the opinion to look at the file. (3) the Court of justice within seven days of the full judgment in the case of European Union competition law sends a copy of the judgment (copy) to the competition Council and the European Commission, but in case of violation of this law, the Council of competition. " 24. Article 21: Supplement to the second part of the article as follows: "(2) if the violation is the cartel agreement, presumed that the violation caused injury and as a result, the price increased by 10 percent, unless it is proven otherwise." believe the current text of article about the first part. 25. the express article 22 the following: ' article 22. Initiation of proceedings (1) the case of infringement of this law, the competition Council proposes, on their own initiative, subject to the priorities, the possible impact of the infringement on competition and of substantial public interest. (2) market participants and authorities are entitled to provide the competition Council of facts, on the basis of which a violation of this law can be established. " 26. Turn off 23, article 24 and 25. 27. in article 26: replace the second paragraph, the words "seven days" with the words "seven working days"; replace the seventh paragraph, the number "10" with the number "20"; to complement the seventh subparagraph with the sentence the following wording: "the competitiveness Council at the request of the recipient by its oral hearing before making a decision, which would be unfavourable."; Supplement to the eighth article as follows: "(8) the information contained in the Case until a decision is deemed information authority for internal use, and shall consult with the only people who the officials of the competition Council, the relevant material presented." 28. Make the fourth subparagraph of article 16.2 as follows: "(4) the competition Council may request that the person that provides the information necessary to determine the status of limited accessibility information, such information shall be accompanied by a copy of the information of the general public that does not include the limited availability of information." 29. Express 27.2 the name of article first, second and third subparagraph by the following: ' article 27.2. Trial of the case with the written commitment (1) If the operator in writing shall undertake to fulfil the specific obligations, which prevents a legal competitive inhibition, limitation or distortion of the competition Council, in considering things actual and legal conditions, as well as efficiency considerations, a decision may be taken on the trial and legal obligation. (2) If the legal obligations that are determined by the operator, in writing, to comply are not fulfilled, the enforcement of this law is carried out in accordance with the procedure laid down in article 8.1. (3) the competition Board may restore under the first paragraph of this article, end the case. " 30. Express article 16.3 as follows: ' article 27.3. Administrative contract (1) the competition Council administrative agreement concluded without the consent of the higher authorities. (2) an application for the administrative agreement concluded in conformity with the provisions of law, the validity of the conclusion or execution of this law, examine the correctness of the article 8, second paragraph. (3) the administrative appeal, the agreement by which the end of the judicial process, not stop it. " 31. To replace the third subparagraph of article 28, the words "the community" with the word "Union". 32. Article 29 of the expression by the following: ' article 29. On certain European Union competition law violations in the reduction of the fines provided for in (1) the competition Council released a market participant of the fine or reduce the fine if the market operator on its own initiative, communicate to the competition Council on the cartel agreement, in violation of the Treaty on the functioning of the European Union 101. the first part of the article. (2) in the first subparagraph for the fine to be reduced or market participants market participants fully exempted from fines in accordance with article 12.1 of the Act. " 33. Article 30: make the third paragraph as follows: "(3) the decision on the application for interim relief proceedings, in respect of which the application for interim relief, issued may appeal to the administrative court within 10 days from the date of its entry into force." to supplement the article with a fifth by the following: "(5) by decision on interim measures imposed binding rules enforcement is carried out in accordance with this law, in article 8.1 with respect to the legal obligation of compulsory enforcement of the procedures laid down." 34. Replace article 32, first paragraph, and article 33 in the third paragraph, the number and the word "article" with 9.1 a number and the word "chapter Ii". 35. Article 35 off. 36. the transitional provisions be supplemented by paragraph 13 and 14 by the following: ' 13. Cabinet of Ministers until 2016 December 31 issued this law, the seventh subparagraph of article 12.1 of these rules. 14. If the competition Council started to hold office until June 15, 2016, and after that date continue to perform, his term is counted from the date of entry into force of the Decree of the Cabinet of Ministers for their approval, a member of the competition Council. This statutory restriction that prevents the Governing Council shall be appointed to the post again more than once in a row, the number of members of the Council at the beginning of the mandate. " The law shall enter into force on June 15, 2016. The Parliament adopted the law of 12 may 2016. The President r. vējonis 2016 in Riga in May 31.