14 Amendments of Maria GRAPINI related to 2017/0063(COD)
Amendment 27 #
Proposal for a directive
Recital 9
Recital 9
(9) Putting in place minimum guarantees to ensure that NCAs apply Articles 101 and 102 TFEU in the same way and effectively is without prejudice to the ability of Member States to maintain or introduce more extensive guarantees of independence and resources for NCAs and more detailed rules on the enforcement and fining powers of these authorities. In particular, Member States may endow NCAs with additional powers beyond the core set provided for in this Directive to further enhance their effectiveness.
Amendment 29 #
Proposal for a directive
Recital 12
Recital 12
(12) The exercise of the powers conferred on NCAs should be subject to appropriate safeguards which at least meet the standards of general principles of EU law and the Charter of Fundamental Rights of the European Union. These safeguards include the right to good administration and the respect of undertakings̕ rights of defence, an essential component of which is the right to be heard. In particular, NCAs should inform the parties under investigation of the preliminary objections raised against them under Article 101 or Article 102 TFEU prior to taking a decision which adversely affects their interests and those parties should have an opportunity to effectively make their views known on these objections before such a decision is taken. Parties to whom preliminary objections about an alleged infringement of Article 101 or Article 102 TFEU have been notified should have the right to access the relevant case file of NCAs to be able to effectively exercise their rights of defence This is subject to the legitimate interest of undertakings in the protection of their business secrets and does not extend to confidential information and internal documents of, and correspondence between, the NCAs and the Commission. Moreover, the addressees of final decisions of NCAs applying Article 101 or Article 102 TFEU should have the right to an effective remedy before a tribunal, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union. Such final decisions of NCAs should be reasoned so as to allow addressees of such decisions to ascertain the reasons for the decision and to exercise their right to an effective remedy. The design of these safeguards should strike a balance between respecting the fundamental rights of undertakings and the duty to ensure that Articles 101 and 102 TFEU are effectively enforced. In addition, effective protection is needed especially on protecting individuals who report or disclose information about violations of EU competition law.
Amendment 32 #
Proposal for a directive
Recital 18
Recital 18
(18) NCAs should have adequate laws and enforcement tools such as the necessary resources, in terms in terms of staff, expertise, financial means for effective enforcement of competition policy, including to carry out specific activities and permanent training for staff and technical equipment, to ensure they can effectively and independently perform their tasks when applying Articles 101 and 102 TFEU. In case their duties and powers under national law are extended, the resources that are necessary to perform those tasks should still be sufficient.
Amendment 37 #
Proposal for a directive
Recital 34
Recital 34
(34) The deterrent effect of fines differs widely across Europe and in some Member States the maximum amount of the fine that can be set is very low. To ensure NCAs can set deterrent fines, the maximum amount of the fine should be set at a level of not less than 104% of the total world wide turnover of the undertaking concerned. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine. Decisions of NCAs to sanction an undertaking should be applicable throughout the whole Union territory, irrespective of the jurisdiction of the Member State in which they operate.
Amendment 40 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) To ensure the effective functioning of the leniency programmes, it is of paramount importance that the NCAs have in place effective means to protect individuals who report or disclose information about violations of EU competition law from retaliation, for example disciplinary measures by their employers.
Amendment 43 #
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ̔secret ‘cartel̕’ means an agreement and/or concerted practice between two or more competitors aimed at coordinating their competitive behaviour on the market and/or influencing the relevant parameters of competition through practices such as the fixing, but not limited to, the fixing or coordination of purchase or selling prices or other trading conditions, including in relation to intellectual property rights, the allocation of production or sales quotas, the sharing of markets and customers, including bid- rigging, restrictions of imports or exports and/or anti- competitive actions against other competitors, which is not, partially or fully, known except to the participants;
Amendment 44 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
The exercise of the powers referred to in this Directive by national competition authorities shall be subject to appropriate safeguards, including respect of undertakings̕ rights of defence, right to good administration, right to a fair trial and the right to an effective remedy before a tribunal, in accordance with general principles of Union law and the Charter of Fundamental Rights of the European Union.
Amendment 47 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have the human, financial and technical resources that are necessary for the effective and independent performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2.
Amendment 49 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Decisions of NCAs to sanction an undertaking are applicable throughout the whole Union territory, irrespective of the jurisdiction of the Member State in which they operate.
Amendment 50 #
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be set at a level below 104% of its total worldwide turnover in the business year preceding the decision.
Amendment 52 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at a level below 104 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 56 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that applicants that have applied for leniency, either by applying for a market or by submitting a full application, to the Commission or to a better placed NCA in relation to an alleged secret cartel can file summary applications in relation to the same cartel with the national competition authorities which the applicant considers well placed to deal with the case.
Amendment 57 #
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Member States shall ensure that applicants have the opportunity to submit full leniency applications, perfecting the summary applications referred to in paragraph 1, to the national competition authorities concerned, once the Commission has informed those authorities that it does not intend to act on the case in whole or in part. Member States shall ensure that national competition authorities have the power to specify a reasonable period of time within which the applicant must submit the full application together with the corresponding evidence and information.
Amendment 59 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Information collected on the basis of the provisions referred to in this Directive should only be used for the purpose for which it was acquired. It should not be used in evidence for the imposition of sanctions on natural persons. Where the criminal liability of the individual is concerned, the competition authorities may transmit data from the case file to the court or to the prosecutor's office.