Competition Committee: Sudden controls on IT and technology companies

In the IT and technology sector , as part of a self-employed research into a possible horizontal partnership for the distortion of public competitions (bidrigging). As stated in a Communication from the Competition Committee, such checks are carried out on undertakings from which data on anti-competitive practices in the investigated markets may be collected and does not prejudge that undertakings have been involved in anti-competitive behaviour or prejudice the outcome of the investigation. The Committee notes that ‘in the context of its responsibilities, it will intervene as a matter of priority where necessary and shall examine any relevant case that will fall to its attention, by lodging a complaint, an application for clemency or anonymous information through the safe digital environment (whistleblowing) or otherwise, and will impose strict administrative penalties on undertakings involved in anti-competitive practices’. The clemency programme The Committee recalls that the leniency programme has significant advantages for undertakings, associations of undertakings and natural persons involved in such cartel agreements. As it states, the finding of an undertaking participating in cartel agreements, i.e. secret agreements between competitors, which are designed to determine prices or quantities, distribution of customers or market shares, or on the basis of which there is a distortion of competition, may lead to significant fines from the committee, criminal penalties of the natural persons responsible and to exclude the undertakings concerned from public competitions and concessions contracts for three years from the adoption of the decision. By joining the clemency programme,: Total or partial exemption from or reduction of administrative fines; Eliminating the criminal or reduced penalty for the natural persons responsible, fully exempting the undertaking from all administrative penalties, and excluding undertakings from public competitions or concession contracts. In the same communication it is recalled that anyone who is interested in the conditions and procedure for entering the clemency programme can obtain information. Furthermore, there is more information on the anonymous information system in the committee.