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“Are there any recent/forthcoming changes with the institutions?”
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Multiple country/questionThe answers for all countries
Austria-
No.
Daniela Trampert-Paparella, Austrian Competition Authority (Vienna), Antitrust encyclopedia: Austria, January 2009
Question.: 525 Pays.....: 137 Article..: 19324
Belgium-
Since the important institutional reform of 2006 (See Act on the protection of economic competition consolidated on the 15th September 2006 (Belgian Official Gazette 29/09/2006), no changes have appeared on the antitrust policy agenda in Belgium. A number of issues involving Belgian institutions are nonetheless discussed at the EC level. See, for instance, the pending preliminary reference procedure before the European Court of Justice in the VEBIC case: A Belgian Court makes preliminary reference to the ECJ regarding compatibility of Belgian procedural rules with EC regulation 1/2003 (VEBIC), e-competitions, 30 September 2008;
The Brussels Court of Appeal refers several preliminary questions to the ECJ on the involvement of a NCA in appeal proceedings (VEBIC), e-competitions, 30 September 2008; The Belgian Competition Council fines € 29,000 a professional association for the publication of a price index (VEBIC), e-competitions, 25 January 2008; The Belgian Competition Council issues first fine under the 2006 Competition Act for recommended prices (VEBIC), e-competitions, 25 January 2008).a.
Nicolas Petit, Law Faculty - IEJE (Liege), Elise Provost, Sorbonne University (Paris), University of Liege (ULg), Antitrust encyclopedia: Belgium, January 2009
Question.: 525 Pays.....: 6 Article..: 18799
Bulgaria-
New Directorate has been established - the Unfair Competition Directorate
Petko Georgiev Nikolov, Bulgarian Commission for Protection of Competition (Sofia), Antitrust encyclopedia: Bulgaria, March 2009
Question.: 525 Pays.....: 339 Article..: 15991
Croatia-
The new Competition Act (in force as of October 1, 2010) brings in the extension of the Competition Agency’s powers by introducing significant changes in the competition law framework. The Agency will now be competent to pronounce fines for breaches of competition rules; the rules on a lenient treatment of cooperating cartel participants is introduced for the first time; significant changes of procedural rules are made (modelled on the Commission’s procedural rules). The new legislation is a welcome amelioration of present rules which ought to increase effectiveness of competition enforcement in Croatia. The main hallmark of the new Competition Act is the more precise alignment with EC competition rules. One of the most significant changes in this regard concerns the introduction of the SIEC test bringing the control of concentrations finally in line with the EC acquis.
J. Pecotić Kaufman, University of Zagreb, Faculty of Economics and Business, Antitrust encyclopedia: Croatia, July 2009
Question.: 525 Pays.....: 698 Article..: 28105
Cyprus-
The Protection of Competition Law 1989 as amended was replaced on 18th April 2008, with the enactment of the Protection of Competition Law 2008 (Law no. 13(I)/2008.
The Protection of Competition Law in Cyprus is available from hereCostakis Christoforou, Cyprus Commission for Protection of Competition (Nycosia), Georgia Parpa, City University (London), Antitrust encyclopedia: Cyprus, January 2009Question.: 525 Pays.....: 7 Article..: 16265
Czech Republic-
On May 1, 2007, an amendment to the Competition Act came into effect, giving the Office for Protection of Competition Úøad pro ochranu hospodáøské soutìže) the authority to supervise competition in the field of electronic communications along with the Czech Telecommunication Office Èeský telekomunikaèní úøad(Czech Telecommunication Office). Until that day such authority was reserved for the Czech Telecommunication Office Èeský telekomunikaèní úøad.
For actual divison of competences between the NCA and the CTO, please, refer to answers above. At the time of writing this comment, there is an amendment to the law according to which the NCA would no longer collect fines it levies, while this competence would be referred to the Customs Office.
Robert Neruda, Czech Office for the Protection of Competition (Brno), Antitrust encyclopedia: Czech Republic, January 2009
Question.: 525 Pays.....: 8 Article..: 16514
Denmark-
With the 2005 amendment to the Competition Act the number of members of the Competition Appeals Tribunal was increased from three to five members. With the 2007 amendment to the Competition Act,it was stressed that members of the Council are appointed on the basis of their personal and professional qualifications, and that they shall operate independently in their work at the Council.
There is no other further changes with the institutions.
Liza Lovdahl Gormsen, London School of Economics (London), Antitrust encyclopedia: Denmark, December 2008
Question.: 525 Pays.....: 9 Article..: 16721
Estonia-
The Government of the Republic has approved a plan to restructure the current five regulators (i.e. the Estonian Competition Board (ECB),the Energy Market Inspectorate (Energiaturu Inspektsioon), the National Communications Board (Sideamet), the Technical Inspectorate (Tehnilise Järelevalve Inspektsioon) and the Technical Inspectorate (Tehnilise Järelevalve Inspektsioon) so that on the basis of these regulators, only two regulators will be formed. One of the new regulators will mostly deal with competition and price-regulation and the other would be specialised in technical supervision. The reasoning behind such restructuring is said to be strengthening of the competition law enforcement. Such restructuring plan would also need to receive the approval of the Estonian Parliament.
Kristel Rõõmusaar, Estonian Competition Authority (Tallinn), Antitrust encyclopedia: Estonia, June 2009
Question.: 525 Pays.....: 89 Article..: 16976
Finland-
A working group under the auspices of the Ministry of Employment and the Economy has recently (29 January 2009) proposed several significant modifications to the current Act on Competition Restrictions. There are no major institutional changes but the competence of the FCA is proposed to be enlarged. Under the new law, the FCA would, for example, have the right to carry out inspections in certain private homes.
Kim Talus, University of Law - Institute of International Economic Law (Helsinki), Antitrust encyclopedia: Finland, February 2009
Question.: 525 Pays.....: 33 Article..: 18745
France-
The 2008 reform marks a radical strengthening of the French antitrust agency. It brings about a myriad of institutional changes, some of which have been - and still are - the subject of strenuous debates. Whilst, in particular, the reform exhibits a number of welcome improvements in respect of due process and the rights of defense (e.g. the separation of investigation functions from decisional functions, the creation of the function of hearing officer, the possibility to appeal orders authorizing inspections and seizes etc.), a number of its provisions denote a disputed extension of the Competition Authority’s powers, which might place parties to antitrust proceedings into a weak bargaining situation (e.g. the Authority is entitled to take action for the sake of the example, the Authority can impose hefty fines on firms obstructing inquiries, etc.).
In addition to this, the main important change introduced in 2008 concerns the French merger control regime, which has been brought in line with the EC regime. Whilst, in the past, the Competition Council only enjoyed advisory functions in the field of merger control - the Minister of Economics ultimately held the power to decide over merger notifications - the Competition Authority is now competent to fully review merger transactions (in some limited cases, the Ministry may act).
Nicolas Petit, Law Faculty - IEJE (Liege), Elise Provost, Sorbonne University (Paris), University of Liege (ULg), Antitrust encyclopedia: France, January 2009
Question.: 525 Pays.....: 10 Article..: 15599
Germany-
No
Florian Wagner-von Papp, University College (London), Antitrust encyclopedia: Germany, January 2009
Question.: 525 Pays.....: 11 Article..: 17435
Greece-
No, there aren’t any recent or forthcoming changes with the institutions.
George Karydis, University of Economics and Business (Athens), Antitrust encyclopedia: Greece, January 2009
Question.: 525 Pays.....: 90 Article..: 17164
Hungary-
No.
Bálint Bassola, Hungarian Competition Authority (Budapest), Pal Szilagyi, Hungarian Competition Law Research Centre (Budapest), Antitrust encyclopedia: Hungary, February 2009
Question.: 525 Pays.....: 13 Article..: 18188
Ireland-
The Communications Regulation (Amendment Act)2007amended The Competition Act 2002so as to confer concurrent competition powers on the Commission for Communications Regulation. The Minister for Enterprise Trade and Employment has also recently announced that she proposes to merge The Competition Authority with The National Consumer Agency.
William Prasifka, Irish Competition Authority (Dublin), Suzanne Kingston, University College (Dublin), Antitrust encyclopedia: Ireland, January 2009
Question.: 525 Pays.....: 14 Article..: 17379
Italy-
Recently, the Italian Legislator - by means of the so-called “Bersani Decree” (Law-Decree No. 223 of 4 July 2006, as converted into Law No. 248 of 4 August 2006) - made substantial changes to the Law, by granting the ICA (the Italian Competition Authority) with new important powers, i.e. the powers a) to order interim measures (art. 14 bis), b) to accept commitments in both restrictive practices and abuse of dominance cases (art. 14 ter), and c) not to apply or to reduce applicable fines for anti-competitive agreements, in cases of factual collaboration by the undertakings therein involved (par. 2 bis, art. 15).
No special changes must be pointed out with respect to the current tasks carried out by the ICA, as well as with the internal structure.
However, the adoption in December 2007 of the ‘Annual Financial Law 2008’ providing new rules for the introduction of damages collective actions in Italy (currently suspended) lets foresee that the ICA may have a future institutional guidance role with respects to both the judicial sector and the consumers associations seeking economic redress in the Courts for infringement of competition law provisions.
In July 2008 the ICA pointed out the need for further human resources to be in condition to supervise the ‘legal derogations’ by the local (regional, municipal) authorities to the general rules of public competitive proceedings while appointing the entities managing the local public services (see Law 8 August 2008 n. 133).
Pierluigi Congedo, Roma III University (Roma), Antitrust encyclopedia: Italy, February 2009
Question.: 525 Pays.....: 15 Article..: 17908
Latvia-
No.
Mikus Buls, University College (London), Antitrust encyclopedia: Latvia, November 2007
Question.: 525 Pays.....: 91 Article..: 18288
Lithuania-
No.
Šarūnas Keserauskas, Office of fair trading, Antitrust encyclopedia: Lithuania, November 2008
Question.: 525 Pays.....: 92 Article..: 18123
Luxembourg-
The setting up of the Competition Inspectorate and the Competition Council dates back to the competition law as of May 17, 2004. Prior to this law, Luxembourg had no independent competition authorities.
In December 2007, a draft bill foreseeing the merger of the two authorities, has been deposited at the Luxembourg Parliament for adoption.
Daniel Becker, Luxembourg Competition Inspectorate (Luxembourg), Antitrust encyclopedia: Luxembourg, February 2009
Question.: 525 Pays.....: 93 Article..: 16730
Malta-
A consultation paper issued by the Ministry for Competitiveness and Communications on the 5th April 2007 proposed an amendment of the Act to permit certain specialised authorities (such as the Malta Communications Authority in the electronic communications sector, and the Malta Resources Authority in the energy sector) to take over from the OFC the obligations of the OFC in terms of the Act in certain specific sectors of the economy. This proposal has not, to date, resulted in an amendment to the Act.
Eugene Buttigieg, University of Malta (Valette), Antitrust encyclopedia: Malta, February 2009
Question.: 525 Pays.....: 94 Article..: 18183
The Netherlands-
On 26 June 2007 a bill amending The Dutch Competition Act (revised Competition Act) was passed by Parliament. This revised Act will enter into force on 1 October 2007. The most significant amendments in the revised Act relate to the merger control rules, fines, commitments and extension of the NMa’s search authority to private homes.
On 21 October 2008 the Minister of Economic Affairs announced in Parliament its intention to revise the “relation protocol” of 2005. One of the amendments considered requires the Minister to approve the adoption of new guidelines or modification of existing guidelines. The amendments are expected to come into force in 2009.
Jurian Langer, Dutch Foreign Office (The Hague), Antitrust encyclopedia: The Netherlands, February 2009
Question.: 525 Pays.....: 16 Article..: 19047
Poland-
The most recent changes involved organizational arrangements within the Office of Competition and Consumer Protection. The most important one was separation of merger cases and placing them into a new Department of Concentration Control.
Marta Skrobisz, Polish Office of Competition and Consumer Protection (Varsaw), Mateusz Blachucki, Polish Office of Competition and Consumer Protection (Varsaw), Antitrust encyclopedia: Poland, January 2009
Question.: 525 Pays.....: 17 Article..: 19009
Portugal-
Since the Portuguese Competition Authority was created in early 2003 as a single body in charge for the investigation, the instruction and decision, both on anticompetitive cases and merger cases (subject to judicial control), it isn’t likely that changes will be introduced any time soon. The only change to the current functioning of the institutions that deal with these cases occurred was done on 28 August 2008 when the Decree-Law No. 52/2008 was approved. This law carried out a comprehensive reform of the organisation and functioning of the judicial courts and it amended the articles 50, 52, 54 and 55 of the Competition Act, which establish the courts that are competent to handle appeals from decisions adopted by Competition Authority both in sanctioning and in administrative proceedings. Such competence, which was exclusively vested in the Lisbon Court of Commerce, was granted, under the new regime, to the commerce section of the territorially competent court.
Teresa Moreira, Portuguese Directorate-General for Economic Activities (Lisbon), João Pearce Azevedo, OECD, Antitrust encyclopedia: Portugal, January 2009
Question.: 525 Pays.....: 95 Article..: 17972
Romania-
Since Romania became a member of the EU on January the 1st, 2007, the Competition Council’s competence has been modified to take into account the applicable EU legislation.
Carmen Peli, Peli Filip (Bucharest), Antitrust encyclopedia: Romania, November 2007
Question.: 525 Pays.....: 337 Article..: 17795
Russia-
In 2007 three new departments were established within the structure of the Federal Antimonopoly Service of the Russian Federation (FAS Russia):
the Department for Control on Public Procurements,
the Department for Protection of Competition in Social Sphere and Trade, the Department for International Economic Cooperation, Federal Antimonopoly Service of the Russian Federation (FAS Russia) is authorized to control procurements of goods, works and services, except the procurements of goods, works and services commissioned under a state defense order, which according to the decree of the President of the Russian Federation are controlled by the Federal Service on Defense Orders. So the main tasks of the Department for Control on Public Procurements is to ensure tight control over administrating the new law «On Placement of Orders for Delivery of Commodities, Execution of Works and Rendering of Services for State and Municipal Needs» and to develop a common practice of enforcement the procurement legislation.
The purpose of the Department for Protection of Competition in Social Sphere and Trade’ activity is to estimate the competitive situation in the so-called social markets - the markets of education, science, public health services, culture, sports, tourism, and also in the markets of non-productive services and trade. The Department for International Economic Cooperation is responsible for developing cooperation with international and interstate organizations, foreign competition authorities within its competence as well as antimonopoly control over conducting state external economic activity.
Igor Artemiev, Russian Federal Antimonopoly Service (Moscow), Antitrust encyclopedia: Russia, January 2009
Question.: 525 Pays.....: 340 Article..: 18980
Serbia-
The 2009 Competition Act entered into force in July 2009. Its application starts on 1 November 2009. Current members of the Council of the Serbian Competition Authority have been nominated under the 2005 Competition Act. Pursuant to Article 76 of the 2009 Competition Act, members of the Council nominated under the previous Act shall exercise their fonctions until the nomination of the new members under the 2009 Competition Act.
The Administrative Court of the Republic of Serbia is to be established by 1 January 2010. Until it gets established, appeals are to be lodged before the Higher Commercial Court in Belgrade.
The Act on the Control of State Aid entered into force in July 2009 and its application starts on 1 January 2010. The Serbian Authority for the Control of State Aid will be established on 1 January 2010 at the latest.
Dusan Popovic, University of Law (Belgrade), Antitrust encyclopedia: Serbia, December 2009
Question.: 525 Pays.....: 702 Article..: 29972
Slovakia-
We are not aware of any forthcoming changes.
Emil Vojtko, Slovak Antimonopoly Office (Bratislava), Antitrust encyclopedia: Slovakia, December 2008
Question.: 525 Pays.....: 96 Article..: 19198
Slovenia-
The Parliament of Republic of Slovenia adopted new Competition Act on April 1st 2008. The new Competition Act compared with the old Competition Act introduces several novelties into Slovenian legal system. It includes precise definition of terms and measures used in the new Competition Act, brings the competition legislation closer to EU law and above all it extends the competences of the Competition Authority and introduced higher and more individualised fines. Regarding potential forthcoming changes, the new governing coalition in Republic of Slovenia agreed in its coalition agreement that current status of The CPOas executive body in the framework of Ministry of Economy should be elevated to status of an independent state agency. This would be a very welcome development, however no formal legislative proceedings in this regard were initiated at this time.
Andrej Fatur, King’s College (London), Antitrust encyclopedia: Slovenia, February 2009
Question.: 525 Pays.....: 97 Article..: 17644
Spain-
The new Competition Act 15/2007, of 3 July, which has created a new single competition institution and aligned Spanish legal system on competition matters with most recent changes at EC level. Regulation 261/2008, of 22 February, that implements the Act 15/2007 currently in force has been recently approved.
Carlos Pascual Pons, Spanish National Competition Authority (Madrid), Teresa Rodríguez de las Heras Ballell, Universidad Carlos III de Madrid (Madrid), Antitrust encyclopedia: Spain, February 2009
Question.: 525 Pays.....: 18 Article..: 17384
Sweden-
No.
Monica Widegren, Swedish Competition Authority (Stockholm), Antitrust encyclopedia: Sweden, April 2009
Question.: 525 Pays.....: 19 Article..: 18481
Switzerland-
There have not been any recent changes with the institutions. The first part of the assessment procedure of Swiss competition law ended in 2008. At the beginning of 2009 the federal government decided to ask a new working group to issue concrete proposals by the spring 2010 on matters such as the structure, composition and functions of the competition authority, sanctions, the treatment of vertical restraints or international co-operation.
Christian Bovet, University ADFI-CDBF (Geneva) , Benoît Merkt, Lenz & Staehelin (Geneva), Antitrust encyclopedia: Switzerland, June 2009
Question.: 525 Pays.....: 217 Article..: 17091
Turkey-
The recent institutional amendment to the Competition Law (as amended by Law No. 5388Competition Law, dated 02.07.2005.) came into force on 2 July 2005, pursuant to which the number of Board members has been reduced from eleven to seven and the methods applicable to selection of the Board members have been amended.Moreover, the role of the Competition Board members as head of the investigation team was terminated and quorum for the meetings of the Competition Board was also adjusted accordingly.
Yasar Tekdemir, Turkish Competition Authority (Ankara), Antitrust encyclopedia: Turkey, March 2009
Question.: 525 Pays.....: 418 Article..: 19531
U.K.-
No.
Liza Lovdahl Gormsen, London School of Economics (London), Antitrust encyclopedia: U.K., December 2008
Question.: 525 Pays.....: 12 Article..: 15726