EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

law, in cases where anticompetitive behaviour may have a potential effect on trade between the Member States. However, Regulation 1/2003 deals only with a slight harmonization of national procedural rules, including rules on sanctions (Dunne, 2016, p. 4). As this part of the contribution is devoted to defining the EU rules on the imposition of sanctions for anticompetitive conduct, it will further focus mainly on the Commission’s power to impose sanctions within the meaning of Regulation 1/2003, giving national legislation space in the next part of this contribution. Regulation 1/2003 empowers the Commission to impose fines on undertakings and associations of undertakings both for substantive infringements (Article 23(2) of Regulation 1/2003) of the competition rules and for procedural infringements (Article 23(1) of Regulation 1/2003). Regulation 1/2003 allows only undertakings to be sanctioned, so it does not apply to natural persons such as company directors and executives (Jones, Suffrin, 2016, p. 959). 2. Limitation Periods for the Imposition of Penalties Limitation periods represent a legal safeguard for a person who has once broken the law in order not to be put at risk of sanctions and other legal liabilities for an indefinite amount of time (Blažo, 2012, p. 79). Limitation periods for the imposition of penalties provided for in Article 25 of Regulation 1/2003 are three years in respect of procedural infringement (related to requests for information and the conduct of inspections) and five years in respect of all other infringements. The starting point of the limitation period is linked to the commission of the infringement. However, in the event of a continuing or repeated infringement, the limitation period shall begin to run on the day on which the infringement ceases (Article 25(2) of Regulation 1/2003). Under Article 25(3) and (5), any action taken for the purpose of the investigation or proceedings in respect of an infringement starts the limitation period afresh, however being limited to a maximum limitation period of 10 years. Article 25(3) of Regulation 1/2003 also provides for a non-exhaustive list of cases where the limitation period is interrupted. These cases include: (a) written requests for information by the Commission or by the competition authority of a Member State; (b) written authorisations to conduct inspections issued to its officials by the Commission or by the competition authority of a Member State; (c) the initiation of proceedings by the Commission or by the competition authority of a Member State; and (d) notification of the statement of objections of the Commission or of the competition authority of a Member State. According to Regulation 1/2003, the

295