Change proposal Competition Law through changes in processing Financial Client Defense Officer. The PSOE proposed changes to Articles 36, 38, 39, 50, 52 and 63 and added a new 50 duplicates. extend the deadline which one National Markets and Competition Commission (CNMC) exists for dictate and notify a sanction, increase the amount of some fines, set a “duty” to cooperate with the agency and create new mechanism allowing companies plead guilty to committing an illegal act in exchange for reducing the amount of the sanctionaccording to the changes to which this newspaper has access.
This newly created last measure is located under its name. “operation procedure” After its “smooth functioning” at the European level and in other surrounding countries, as the Socialist Party argued in the letter. And if companies, after the infringement procedure has been initiated, ” clear terms for your participation“CNMC can: reduction of the fine both for the company and its legal representatives, increase to 15% the claim is submitted “before the facts are stated” and up to 10 A% “If the application is made later and before the procedure closes”.
Speaking to the House of Representatives’ Economic Affairs Committee this Thursday, CNMC chairman Cani Fernández described the measure as “fundamental” because it is a infringement procedure is fast companies are guaranteed to “hardly challenge” the sanction before the courts, “without exhausting the resources of other investigations” and also admitting guilt. “would save time be able to devote resources to other investigations,” Fernández insisted. It is a tool like this: tolerance programcurrently in effect, but in this case limited to companies that are part of it. notifies the cartel of its existence to the CNMCto start an investigation.
More fines and more time
PSOE, in its amendment also, violation of managers the maximum amount increases 60,000 to 400,000 Euros And to explain The sanctions against companies will be calculated as follows: percentage of the company’s “worldwide turnover” or merger in the year before the sanction, but maintaining percentages Up to 1% for mild cases, up to 5% for severe cases and up to 10% for very serious cases. Maximum of minor violations, if it is not possible to limit the volume of work 1 million euros (among them so far 100,000 and 500,000 Euros), the bass is held up to 10 million euros and for A very serious ceiling of 50 million euros has been set.now while the set of sanctions is “more than 10 million euros”.
proposes its expansion. term disciplinary procedure general 18 to 24 months and the duration of the second stage concentration control for two to three months so there is the body “enough” time to run the study and “effective solution of procedures”. and add task of “cooperating and informing” with the CNMC on information requirements and to convey this information in an “accessible” way. Buyers won’t be forced to “acknowledge their wrongdoing”.
Prohibition of participating in public tenders
These changes were discussed in the Economic Affairs Committee in the presence of Cani Fernández. Citizens or PDeCat They criticized the forms of the PSOE—incorporating “without prior discussion” and making changes to another norm—but Fernández asked groups to look at the “value” of the measures, not the “procedure”. “They will contribute to bidding amongst all the greater competition in the marketsIn his reply to MPs, he said:
In addition, the head of CNMC announced that it plans to approve a communication “before the summer” to gain authority. The “scope and duration” of this measure will be determined and companies that have been penalized by cartels will be prohibited from participating in public tenders. Something that is no longer connected Public Sector Contracts Advisory Board and not effective because all companies injunctive relief for national audience. “If I set the duration and scope, I can determine where does it make sense to ban leasing companies and the phenomenon of enforcement of the ban creates a deterrent with immediate effectFernandez warned.