Competition

Yes, it can be. In its 2024 Guidelines the Competition Board expressly addressed conduct in labour markets: sharing pay and benefits information with competitors, agreeing not to hire each other's employees, or setting pay jointly are treated as infringements. This conduct has the same consequence even when it is verbal or takes the form of a "gentlemen's agreement".

Setting a minimum or fixed resale price is among the most serious infringements under competition law. Communicating a recommended price or setting a maximum price is possible, as long as it does not become a fixed price through pressure on, or incentives to, the dealer. In practice the infringement often arises not from the contract but from the sales team's correspondence with dealers.

Yes. The Authority can arrive at a company without notice, examine books, documents and electronic data, and take copies. Obstructing or hindering an inspection leads to a separate fine, regardless of any infringement. Waiting for a lawyer to arrive may be allowed, but that wait cannot be used to delay the inspection, so employees need to know in advance what to do when inspectors arrive.

In cartel cases, the company that is first to report the infringement to the Authority and meets certain conditions can obtain full immunity or a reduced fine (the leniency programme). After an investigation starts, settlement and commitment mechanisms are also available. Because the choice of route and its timing directly determine the fine, the matter should be assessed as soon as it comes to light.

Yes. A party harmed by a competition infringement can claim compensation before the civil courts. Where the loss results from an agreement between the parties or from their gross negligence, the judge can award up to three times the loss. The Authority's infringement decision is an important basis in such cases.