Investigation and sanction

In accordance with the amended Law of 30 November 2022 on competition, the Authority investigates and sanctions the following anti-competitive practices:

It can take action against these practices following a report, a complaint an application for leniency, or on its own initiative.

Investigation (preliminary phase)

To investigate and sanction anti-competitive practices, the Authority has investigative powers enabling it to:

  • carry out inspections on public roads or professional means of transport (by means of simple notification);
  • carry out unannounced inspections on the premises of undertakings and associations of undertakings (with the authorisation of the investigating judge);
  • send requests for information to undertakings;
  • appoint experts to perform certain specific tasks;
  • gather information from public administrations and public bodies;
  • summon representatives of undertakings or associations of undertakings or other legal or natural persons for interviews.

During the investigation phase, any undertakings or associations of undertakings that fail to cooperate – for example by refusing to provide the requested information – may be subject to sanctions (penalty payments and fines).

At the end of the investigation, the investigating advisor in charge of the case may:

  • either decide to close the case, if they consider there are no grounds to take action;
  • or issue a statement of objections to the undertakings or associations of undertakings concerned, setting out the facts that may be regarded as anti-competitive practices. At this stage, the investigation file is forwarded to the College, which will decide on the appropriate course of action.

Access to the file and hearing (adversarial phase)

Once the investigation has been closed, the parties concerned have access to the file on which the statement of objections is based, either at the Authority's premises or in digital form. In principle, however, they do not have access to confidential information, such as trade secrets of other undertakings.

The College of the Authority may then summon the following parties to a hearing:

  • the undertakings or associations of undertakings to which the statement of objections was addressed;
  • the investigating advisor; and
  • the complainant, where applicable.

If necessary, it may also refer all or part of the case back to the investigating advisor for further investigation.

Decision and sanctions (closure of the case)

Upon completion of the adversarial phase, the College of the Authority can:

  • conclude that a violation has occurred and compel the parties concerned to put an end to it;
  • impose fines of up to 10% of the targeted undertaking’s global turnover excluding tax for the last financial year;
  • impose penalty payments of up to 5% of the average daily global turnover for the last financial year, per day of delay;
  • adopt a settlement decision;
  • adopt a decision making commitments binding;
  • adopt a decision to dismiss the case.

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