Slovak Financial Law News 2004

Further changes concerning procedural rules and imposition of fines

The amendment brings about specification of grounds for the stay, facultative and mandatory termination of proceedings (the proceedings is mandatory terminated if, inter alia, the Commission or competition authority of another Member State commenced the proceedings concerning the breach of Art. 81 or 82 of the Treaty or decided on the same matter or, in case of concentrations, the Commission commenced the merger control proceedings or decided on the same concentration).

The amendment tightened the system of imposition of penalties and set out that the Office is obliged to impose a penalty on the undertaking for the failure to satisfy obligations stipulated by the Office in its decision or for the breach of prohibition of implementation of concentration before the clearance. It is stipulated for the first time that the Office is entitled to impose a penalty on the state, administrative authorities, municipalities and other public authorities for the breach of provisions of the Act. The amendment also specified rules for forgiving or decreasing of the penalty imposed on the undertakings (leniency program). 

Finally, as a part of the co-operation between the courts and competition authorities in competition matters, the amendment amended the Civil Procedure Code. It set out the power of regional courts to issue, upon the request of the Office, a permit for examination of premises by the Commission or the Office. The amendment also stipulates the power of the Commission and the Office to submit written statements to the courts in relation matters, in which courts apply Art. 81 or 82 of the Treaty.

This Act came into force on 1 May 2004.