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The Competition (Amendment) Act 2012 was signed into law on 20
June 2012 and now requires the making of the necessary Commencement
Orders by the Minister for Jobs, Enterprise and Innovation.
The main purpose of the legislation is to strengthen competition
law enforcement and provide for new and increased sanctions and
penalties.
The Act includes provisions to distinguish between private
enforcement and public enforcement of civil actions with regard to
competition law and provides for separate public enforcement
provisions to be taken by the Competition Authority.
The Act amends section 160 of the Companies Act 1990. This will
allow a Court either on its own motion or on foot of an application
to it from either the Competition Authority or ComReg to order that
a person shall not be appointed as a company director as a result
of an infringement of offences under the Competition Act 2002
– other than indictable offences which already result in
automatic disqualification. The Act also aligns certain fines with
the classifications contained in the Fines Act 2010.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The German Federal Court of Justice ("BGH") has handed down a decision that is likely to have a significant impact on the setting of cartel fines in Germany, potentially reducing the maximum cartel fine for some defendants.
On 18 March 2013, the European Commission issued revised guidance on the conduct of inspections at business premises of undertakings suspected of anticompetitive behaviour.
A new supra-national merger control regime for Africa comprising 19 eastern and southern African states must now be added to companies' checklist of regulatory approvals needed in global or regional transactions.
On 20 December 2012, the Belgian Constitutional Court rendered an important judgment relating to the tax treatment of fines imposed by the European Commission for cartel violations, which will certainly have significant consequences for large companies.
The District Court East Netherlands has ruled that ABB must compensate TenneT.
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