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1. How do I file a c
omplaint?
2. Who can file a complaint?
3. Can the CPC initiate an investigation on its own accord?
4. Can the CPC promise me confidentiality?
5. Do the undertakings under investigation have an obligation to submit the requested information to the CPC?
6. What are the applicable penalties for section 3 or 6 and/or articles 81 and 82 of the Treaty infringements?
7. Do the undertakings under investigation have access to the case files?
8. What are the sanctions if an undertaking fails to provide all the requested information?
9. Can I file an appeal against the CPC΄s decision?
10. Do I have to notify a concentration?
1. How do I file a complaint?
The complaint to the Commission must be made in writing and signed by the complainant or the legal advisor or any other authorized person of the complainant. The complaint must include all the information referred to in Annex of the Law no. 13(I)/2008, in order of r the Commission to be in a position to decide whether to investigate the complaint.
In case the submitted complaint does not include all the information provided for in the Annex, the Commission may decide to accept the complaint as if all the necessary information have been submitted.
2. Who can file a complaint?
A complaint may be filed by either a legal or a natural entity having a legitimate interest. A person has a legitimate interest if it can be shown that he/she has suffered, or there is a serious or possible risk of suffering a substantial financial injury or that he/she will be placed at a disadvantageous position regarding competition as a direct result of the infringement.
3
. Can the CPC initiate an investigation on its own accord?
The Commission may launch an investigation on its own initiative if it suspects that some particular line of conduct infringes the provisions of sections 3 or 6 of Law no. 13(I)/2008 and/or article 81 and 82 of the Treaty.
4. Can the CPC promise me confidentiality?
The Chairman, the members, the deputy members of the CPC, as well as the persons working at the CPC, the members of the Service and other public servants that take knowledge of business secrets and/or confidential information, due to their position or on the basis of their duties, are under a duty to ensure confidentiality and they are obliged not to communicate or publish those information except where its necessary to:-
(a) proof infringement of sections 3 and/or 6 of Law no. 13(I)/2008 and /or Articles 81 and 82 of the Treaty.
(b) for the application of the provisions of Law no. 13(I)/2008.
Any other person legal or natural that comes across of such information for the purposes of the application of the Law has the same obligation.
Infringement of this obligation constitutes a disciplinary offence punishable up to one year imprisonment or a fine up to €3.500.
5. What are the powers of the CPC in collecting information?
The CPC on the basis of section 30 of Law no 13(I)/2008, has the power to collect information that is necessary for the exercise of its competences, powers and functions and also on behalf of all competition authorities of the member states of the E U, by addressing for this purpose a written request to undertakings or association of undertakings or natural or legal persons.
The undertakings, association of undertakings and also natural or legal persons to whom the request of the CPC is addressed shall be obliged to provide in due course, in full and accurately the required information, within the specified time period. The CPC has the power to impose an administrative fine, where the information requested is not submitted.
(see Question No. 8).
6. What are the applicable penalties for section 3 or 6 of Law 13(I)/2008 and/or article 81 and 82 of the Treaty infringements?
Where the CPC in the course of the proceedings carried out before it, find an infringement of the provisions of sections 3 and/or 6 of Law no. 13(I)/2008 and/or Articles 81 and/or 82 of the Treaty has the power to impose administrative fines according to the gravity and duration of the infringement, not exceeding ten percent of the annual turn over of the undertaking or not exceeding ten percent of the revenue of every undertaking member of the association of undertakings, in the year within which the infringement took place or in the year which immediately preceded the infringement
.
Where the infringement continues by the participated undertakings or association of undertakings, the CPC may impose and administrative fine up to €85.000 for every day the infringement continues
.
The person who does not comply and acts in contravention with the decision of the CPC shall commit a criminal offence punishable with imprisonment of up to two years and with a pecuniary penalty that does not exceed €340.000 or with both penalties.
7. Do the undertakings under investigation have access to the case files?
Once the CPC has decided on a prima facie case for an infringement, it has to communicate to the undertakings or association of undertakings against whom there is a complaint or an ex officio investigation, those documents within the file that intents to base its decision on, except those documents that include business secrets and confidential information. The CPC also indicates in writing those documents that are already accessible to the undertakings or association of undertakings, in order for the undertakings or association of undertakings to be completely informed of the documents that will be used by the Commission.
8. What are the sanctions if an undertaking fails to provide all the requested information?
If an undertaking (a) fails to provide all requested information, or (b) intentionally or negligently provides inaccurate or misleading information to the Service, the CPC may impose a fine of up to €85.000 and/or a fine of up to €17.000 for each day the undertaking fails to comply.
9. Can I file an appeal against the CPC΄s decision?
Pursuant to article 146 of the Constitution of the Republic of Cyprus, a person having a legitimate interest may file a recourse against a decision of the CPC within a period of 75 days from the day of notification of the act to him, or of its publication if the law provides for it or/and, in the absence thereof, of the day on which the act to the knowledge of the applicant.
10. Do I have to notify a concentration?
If the criteria of section 3 of Law 22(I)/99 are fulfilled, the parties to the concentration are under an obligation to notify the concentration to the CPC in accordance to the provisions of the Law 22(I)/99 (Schedule III).
© 2010 Republic of Cyprus, Commission for the Protection of Competition
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