Competition Authority

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Presentation transcript:

Competition law enforcement from private undertakings’ perspective Risto Rüütel Glikman & Partnerid

Competition Authority Established 15 years ago as the Competition Board Since 1 Jan 2008 united with former regulators into single competition law enforcing authority Lately under constant attention from the press

Increase of criminal cases Historical cartels Results of difficult economic situation Law is being changed (lately this Summer) in regards to persons liable for crimes (incl, competition-related crimes)

Lack of information on competition law Lawyers cannot do all the work, help from the Competition Authority is needed – information, training etc Competition Authority’s web-page needs more content: Better document register to find information on the state of proceedings Guidance letters and recommendations Comments on competition law

Increase of caseload calls for increase of efficiency Problems with economy makes it harder to compete and survive on the market Undertakings are more informed and willing to complain End of parallel competences More attention needed to effect on trade between member states

National leniency program Coming soon but with which results? Problems with transparency and certainty? Co-operation issues between the Prosecutor’s Office and the Competition Authority

Faster proceedings Quick solution Minimum harm Less risk of unrepairable damage to competition Risk of losing interest over proceedings

Private enforcement (actions for damages) Just as important as public enforcement Several means to achieve the same result Support needed (economic analyses etc) from the Competition Authority: Establishing an abuse Establishing a dominant position Calculation of damages

Private enforcement (actions for damages) Burden of proof on plaintiff Decision of the Competition Authority as an overwhelming evidence Participation in the proceedings

Advokaadibüroo Glikman & Partnerid Thank you! Risto Rüütel Attorney at law Advokaadibüroo Glikman & Partnerid P +372 665 7070 F +372 665 7071 Risto.Ruutel@tgplegal.ee http://www.tgplegal.ee