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LENIENCY POLICY AND ITS IMPLICATIONS ON THE INSTITUTION OF ADMINISTRATIVE RESPONSIBILITY

Keywords: leniency , responsibility , competition , law , cartel

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Abstract:

According to the Order of the Competition Council. 300/2009, individual denunciation of participation in anticompetitive agreements eliminate the contravention liability imposed by the provisions of Law no. 21/1996, or reduce the fine imposed, if the conditions to qualify for leniency, contained in the Guidelines on conditions and criteria for application of the leniency policy, part in the order mentioned above, are fulfilled.The amendments to competition legislation establish a case of removing anti-competitive acts liability for rewarding companies that cooperate with the authorities to denounce anti-competitive practices and a case for reducing the penalty for contravention, for those who, although not qualified for immunity from fine, actually have an important and actually role in uncovering anticompetitive practices. This paper presents interest to the current developments of the institution of administrative responsibility resulting from the takeover in the national legislation of the elements of Community law, transposing the general principles also comes into the right to good administration.

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