CPC adopted Rules on proposals revision of commitments undertaken by enterprises and groups of enterprises whose behaviour is subject to investigation for compliance with the Law on Protection of Competition („LPC”) or the Treaty on the European Union (“Treaty”). The Rules are drawn in execution of the Action Plan of the CPC as well as in observation of the EU requirements in this area.
The guidelines allow the companies violating the LPC regulations to mend their market behavior by terminating certain practice or by developing a new practice, creating in this way a guarantee for free and competitive market. Other options are the amendment of the General Terms and Conditions of the company, transformation of the company or association of companies, or amendment of its position in correspondence to other participants on the market, etc.The procedure begins upon the initiative of the company within the term for objection to the violation claimed. The CPC makes preliminary estimation of the case, notifies the other parties that may be concerned about the case and finally decides whether the proposed commitments are appropriate and would restore market competitiveness. The CPC approves the proposition only in case the suggested measure has sufficient preventing effect. The approval of the measures leads to termination of the procedure for sanctioning of the violation of competition rules.
The new procedure is not applicable in cases of cartel, vertical agreements claimed, aiming or resulting in allotment of markets or sources of distribution, direct or indirect determination of prices for sale and purchase, in case of the so called structural abuses, when it affects considerable part of the market, in case of allegations for exploitative abuse with dominant position, affecting considerable number of consumers, as well as allegations for significant violations.
The commitments approved by the CPC become binding for the enterprises and are subject to subsequent control as to their exhaustive, precise, and timely implementation.
