Competition rules ensure market conditions for the business and quality goods at adequate price for the consumers. In order the consumers’ rights to be guaranteed and the business to be protected significant sanctions for violation of these rules are envisaged at EU and national level.
This is why you need to ensure that your employees comply with all competition rules in the daily management of the business. For this purpose, you may:
- Adopt competition compliance programs
- Conduct periodical compliance due diligences of your business activities, to assess risks and to appoint measures in order to avoid them
- Conduct training of employees
- Review your distribution and specialisation agreements
- Assess your commercial terms and conditions (e.g. prices, discounts, supply conditions, etc.) for compliance with competition rules
- Assess whether your corporate signs or marks, planned advertising or promotional campaign will not violate the prohibition of unfair competition rules
- Be prepared for inspections at your premises by the Competition Protection Commission (CPC) or European Commission
- Undertake measures before competent authorities for competition protection for defence and prove of the accusation against or raised by you as well as to appeal their decisions before the court
- Claim damages from violations of competition rules before the court
Also, if you wish to expand your business through acquiring another business you need to assess whether the deal has to be approved by the CPC or European Commission as well as to prepare relevant notification and pieces of evidence.
If you receive financing from public sources in any form you may need to assess whether this consists state aid, what type of state aid is it and whether a notification to the European Commission is needed.
PPG Lawyers is at your disposal when you need help by applying competition rules. We have extensive experience in preparing compliance programs, conducting compliance due diligences, assessment of: distribution agreements, specialization agreements, commercial terms and conditions, advertising and promotional campaigns as well as assessment of state aid in sectors, such as: fuels, energy, wholesale and retail trade with food and non-food goods, telecommunications, media, pharmacy, electronics, insurance, transport, manufacturing and trade with paper and cardboards.