Cyprus Commission for the Protection of Competition launches public consultation on amendments to the law for the Protection of Competition

The Cyprus Commission for the Protection of Competition (the Commission) has launched a public consultation on the draft bill titled "The Protection of Competition (Amendment) Law of 2024". The consultation will run from April 4, 2024, to May 2, 2024. The aim of the consultation is to invite interested parties to submit comments, observations, and suggestions on a draft bill, which will amend the Protection of Competition Law No. 13(I)/2022.

The proposed amendments are considered necessary and essential for the purposes of transposing and harmonizing national law with European Regulation (EU) No. 2022/1925, assigning the necessary competencies and powers to the Commission to cooperate effectively with the European Commission in the implementation of the aforementioned European Regulation, as well as harmonising with the Seventeenth Amendment to the Constitution Law of 2022 and the recent amendments to the Administration of Justice (Miscellaneous Provisions) Law of 1964 (33/1964), as amended. In addition, the draft bill promotes corrective amendments that will provide a clearer legislative framework that will substantially contribute to the improvement of the implementation of existing legislation and the clarity of its provisions, as well as amendments for more effective implementation of the legislation, while also giving the Administrative Court the ability to modify in whole or in part the Commission's decision regarding the imposition of an administrative fine, based on Article 146 of the Constitution.

Some of the main points covered by the draft bill are as follows:

• Article 17(3): It is proposed to replace it so that the minutes and decisions of the Commission are signed only by the President of the Commission, for the purpose of greater flexibility and expediting the Commission's procedures, given that the minutes are approved at a meeting of the Commission attended by the members making the decisions.

• Article 21(2)(b) and Article 21(9): It is proposed to replace them in order to promote the creation of the "Commission Secretariat" and to define its duties, aiming for greater flexibility, speed, and ease in processing relevant tasks.

• Article 25(2)(b): It is proposed to add a reference to the Supreme Constitutional Court and the Court of Appeal in light of the changes that have occurred in the judicial authority.

• Article 26(2)(f): It is proposed to add the possibility of monitoring the market and/or the implementation and results of the Commission's decisions.

• Article 38: It is proposed to amend it for proportional application of what is stipulated in Article 37(4) of the basic law, for optimal implementation of Regulation (EU) No 2022/1925, and for the possibility of determining a procedure regarding data management.

• Article 41(1) and Article 41(2)(b): It is proposed to amend them regarding the case file and the characterization of business secrets and confidential information, to cover investigations under Article 26(3) of the basic law.

• Article 41(3): It is proposed to replace it to clarify that information, documents, and parts of documents for which no reasoned declaration of their characterization as business secrets and/or confidential information has been submitted, and no separate non-confidential version has been provided according to the Commission's announcement, are not considered business secrets and/or confidential information unless the person submitting them objects to their disclosure, except where the Commission decides otherwise.

• Article 46(2): It is proposed to replace it so that any person may disclose anonymously information regarding any practice or behavior falling within the Commission's powers, for possible violations of Articles 101 and 102 of the TFEU and Regulation (EU) 2022/1925.

• Article 47: It is proposed to amend it so that failure to comply within a specified deadline results in a maximum fine of 1%, as was the case with Law No. 13(I)/2008, as amended. A fine of a maximum of 10% is deemed disproportionate for this type of violation concerning failure to provide requested information within the specified deadline. Additionally, provisions are proposed to give the Administrative Court the authority to modify in whole or in part the Commission's decision on the imposition of administrative fines, based on Article 146 of the Constitution.

• Article 49(3): It is proposed to amend it, as well as to add other indicative acts of the Commission that result in the interruption of the deadline for the imposition of administrative fines by the Commission.

 

Harris Kyriakides welcomes the public consultation process initiated by the Commission and our Competition team will participate in the public consultation with constructive views and suggestions.

For more information please visit our website microsite on Competition & State Aid or send your queries to This email address is being protected from spambots. You need JavaScript enabled to view it.

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