OF CYPRUS  
  REPUBLIC  
  
 
                                                                                              
13(I) of 2008  
41(I) of 2014  
 
   
 
 
THE PROTECTION OF COMPETITION LAWS OF 2008 AND 2014  
 
 
(Engli sh translation  and Consolidation)  
 
 
 
 
 
  
Office of the Law Commissioner    
Nicosia,        
June, 2015  
ΓΕΝ (Α) – L. 126                             ISBN  978-9963- 664-67-2 
 
NICOSIA  
__________________________________________________________  
PRINTED AT THE PRINTING OFFICE OF THE REPUBLIC OF CYPRUS  
                                                                                         Price:  
 

  
 
i CONTENTS  
 
  Page  
 Note for the Reader  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii 
 Arrangement of sections . . . . . . . . . . . . . . . . . . . . . . . . . . . .  1 
 The Protection of Compet ition Law s of 2008 and 2014 , 
(English Translation and Consolidation)……………….. . . . . .   
5 
 
 

  
 
iii  
 
NOTE FOR THE READER                                    
 
 
 
 This publication of the Office of the Law Commissioner is an English translation 
of the Consolidati on of Laws of 2008 and 2014 [L.  13(I) of 2008 and 41(I) of 2014] 
enacted in Greek.  
 However  useful the English translation of the Law is in practice, it does not 
replace the original text of the Law since o nly the Greek text of the Law published in 
the Official Gazette of the Republic of Cyprus is authentic.   
The Office of the Law Commissioner shall not be under any liability to any 
person or organisation in respect of any loss or damage, including consequential loss 
or damage, however caused, which may be incurred or arises directly or indirectly 
from reliance on information in this publication.  
Copyright © Office of the Law Commissioner, Nicosia, 2015 
Reproduction authorised without prior application.  Reference to the source will be 
appreciated.  
 
 
 
 
 
  
  
 
1 L. 13(I)/2008  
L. 41(I)/2014  
 
 
THE PROTECTION OF COMPETITION LAW S OF 2008 and 2014  
Arrangement of sections  
PART I –  PRELIMINARY PROVISIONS  
 
1. Short title  
2. Interpretation  
 
PART II  
CONTROL AND SUPPRESSION OF COLLUSIONS  AND PRACTICES  
WHICH RESTRICT COMPETITI ON  
 
3. Prohibition of practices which restrict  trade and voidness  thereof.  
4. Collusions  which fall within  the scope of section  3(1) and are 
permissible  and valid 
5. Exemptions from the scope of section  3 
6. Abuse of a dominant position or relationship of economic dependence  
7. Exemptions from the scope of this  Law 
 
PART III 
COMMISSION FOR THE PROTECTION OF COMPETITION  
 
8. Commission for the Protection of Competition  
9. Composition and operation of the Commission 
10. Remuneration,  working  conditions and other benefits of the Chai rman,  
members and substitute members  
11. Nature of the service of the Chairman and of other members  of the 
Commission  
12. Prohibition of  private employment of the Chairman and of the other 
members of the Commission 
13. Vacancy of  office 
  
 
2  
14. Powers of the Chairman 
15. Convening a meeting  
16. Quorum and decisions  
17. Rules governing  the proceeding s before the Commission  
18. Decisions of the Commission  
 
PART IV  
SERVICE OF THE COMMISSION FOR THE PROTECTION OF 
COMPETITION  
 
19. Service of the Commission  
20. Competences  of the Service  
21. Provision of in formation to the Minister  on consumer s protection  
22. Keeping of Register s 
 
PART V  
COMPETENCES OF THE COMMISSION AND APPLICATION OF THE 
COMPETITION LAW  
 
23. Competences  of the Commission  
23. A. Setting of criteria  for the examination of complaints in priority  
23. B. Cooperation with other Authorities   
24. Powers of the Commission upon finding  infringements of sections  3 
and/or 6 and/or Articles 101 TFEU and/or 102 TFEU  
25. Undertaking of Commitments  
26. Nature of  proceeding s 
27. Revocation or amendment of a decision of the Commis sion 
28. Interim  measures  
29. Advisory Committee on Restrictive Practices  and Dominant Positions  
 
 
 
 
  
 
3  
PART VI  
COMMISSION ´S POWERS FOR  INVESTIGATION  
 
30. Commission 's powers  to collect information  
30 A. Power to take statements   
31. Commission 's powers  of  inspection  
32. On the spot inspection s of other premises   
32A. Power to conduct in vestigations  in sectors of the economy or types of 
agreement s 
33. Duty to secrecy for the protection of business  secrets and confidential 
information  
PART VII  
COMMUNICATI ON OF INFORMATION AND COMP LAINT   
OF INFRINGEMENT S 
 
34. Duty of public officers to communicate information  
35. Complaint of infringement s of se ctions 3 and/or 6 of this  Law and/or 
Articles  101 TFEU  and/or 102 TFEU  
 
PART VIII 
CRIMINAL PROVISIONS  
 
36. Omission to comply  with a decision of the Com mission  
37. Omission to comply  with a decision of the Commission for  the taking of 
interim  measures  
38. Criminal offence for contravening the duty to secrecy  
39. Liability  of legal persons  
 
PART IX  
ACTION FOR DAMAGES AND ADMINISTRATIVE FINES  
 
40.  Action for damages  
  
 
4 41. Limitation period for the imposition of administrative fines by the 
Commission  
42. Procedure for the imposition of administrative fines by the Commission  
43. Taking of judicial measures for collecting the administrative fines 
imposed by the Commission in accordance with this Law 
44. Imposition of an administrative fine on an association of undertakings  
45. Summons before the Commission  
 
PART X  
MISCELLANEOUS PROVISIONS  
 
46. Regulations  
47. Rules of Court  
48. Report of  the activities of the Commission  
49. Liability  of the Chairman,  members  and substitute  members of the 
Commission,  members of the Service and others  
50. Application of E uropean Union  Competition law , mutatis mutandis  
51. Minister’s Orders  
52. Repeal  
53. Transitional Provisions  
 
 
ANNEX  
 
  
 
5 THE PROTECTION OF COMPETITION LAWS  
OF 2008 AND 2014  
 
Preamble . 
 
Official Journal   
of the E U: 
L 1, 4.1.2003,  
p. 1. 
L 269, 28.9.2006,  
p. 1. 
 In order to regulate and protect free competition in the 
Republic and to apply the act of the European Union with 
title “Council Regulation (EC) No. 1/2003 of 16 December  
2002 on the implementation of the rules on competition laid 
down in Articles 81 and 82 of the Treaty”, as last  amended 
by Council Regulation (EC) No. 1419/2006 of 25 September 
2006, and as further from time to time amended or 
substituted , 
 
 The House of Representatives enacts as follows:  
 
 PART I  
PRELIMINARY PROVISIONS  
Short title.  
13(I) of 2008.  
14(I) of 2014.   
   1. This Law may be cited as the Protection of Competition 
Laws of 2008 and 2014 . 
 
Interpretation.    2. In this Law, unless the context othe rwise requires − 
      “Advisory Committee on Restrictive Practices and 
Dominant Positions” means the Advisory Committee 
established by virtue of Article 14 of Council Regulation 
(EC) No. 1/2003;  
      “agreement” means any arrangement between  at least  
two undertakings or associations of undertakings, by virtue 
of which one of the parties has willingly undertaken the 
obligation to constrain its freedom to act in respect of the 
other party;  
2(a) of  
41(I)/ 2014.       “Article 101 TFEU ” means article 101 of the Treaty  for 
the Functioning of the European Union;  
  
 
6 2(b) of  
41(I)/ 2014.       “Article 10 2 TFEU” means article 10 2 of the Treaty  for 
the Functioning of the European Union;  
     “association of undertakings ” means any  company, 
partnership, association, s ociety, institution or body of 
persons having legal personality or not, which represents 
the trade interests of autonomous undertaki ngs and takes 
decisions or enters into contracts  for the promotion of those 
interests;  
      “Chairman” means − 
 (a) the Ch airman of the Commission and  
 (b) for the purposes of sections  other than 9, 10, 11, 
12, 13, 16 and 53, the member of the 
Commission replacing  the Chairman;  
      “collusion ” means any formal or informal, written or oral, 
legally enforceable or not, agreement of two or more 
undertakings or associations of undertaking s or concert ed 
practic e of two or more undertakings  or the decision of an 
association of undertakings, but it does not include 
agreement or concert ed practice − 
 (a) of the holding and subsidi ary company, if − 
  (i) they constitute a single economic entity 
within which the subsidiary has no real 
freedom to prescribe its own manner of 
acting, and  
  (ii) the agreement or concer ted practice 
relates exclusively to the allocation of 
activities betw een the holding and 
subsidiary company;  
 (b) of two or more subsidiary companies provided 
  
 
7 they constitute a single economic entity with the 
holding company;  
      “Commission” means the Commission for the Protection 
of Competition established under secti on 8;  
      “Competition Authority” means the authority or authoriti es 
of the member states responsible for the prot ection of 
competition and designated as such by the member states 
pursuant to Article 35 of Council Regulation (EC) No.  
1/2003;  
     “conce rted practice” means the coordination between 
undertakings which, without having reached the stage of 
conclusion of an agreement, knowingly substituted the risks 
of competition by establishing practices of cooperation 
between them;   
      “Court” means a competent court;  
2(c) of 
41(I)/ 2014.       “dominant position”, in relation to an undertaking, 
includes  the position of economic strength enjoyed by the 
undertaking which enables it to  prevent  the preservation of 
effective competition in the relevant mar ket and which  
affords it  to behave  to a substantial  extent , independently 
from its competitors , customers and ultimately from the 
consumers;  
2(e) of  
41(I)/ 2014.   
 
 
 
2(f) of  
41(I)/2014.       “European Commission” means the Commission of the 
European Union”; 
“European Union competition law” means Articles 101 to 
109 of the TFEU and the secondary law enacted pursuant to 
them;  
      “good” m eans anything that can be evaluated in money  
and capable of constituting the subject  of a commercial 
transaction;  
  
 
8       “member state” means a member state of the European 
Union;  
 2(j) of  
41(I)/ 2014.       “Minister” means the Minister of Energy,  Commerce, 
Industry and Tourism;  
      “product” means any good  or service ; 
Official Journal  
of the European 
Union: L 1, 4.1.2003, p.1, 
L269, 28.9.2006,  
p.1 
      “Regulation (EC) No. 1/2003” means the Council 
Regulation (EC) No. 1/2003 of  16 December 2002 on the 
implementation of the rules of competition laid down in 
Articles 81 and 82 of the Treaty as last amended by Counci l 
Regulation (EC) No . 1419/2006 of 25 September 2006 and 
as further from time to time amended or substituted;  
      “Republic” means the Republic of Cyprus;  
      “Service” means the Service of the Commission provided 
for in section  19(1);  
      “servic es” means the undertaking and performance , for 
profit or remunerati on, of obligations of any kind, except the 
production and supply of goods and includes  professional 
services, however not including the  services provided to an 
employer under an employment contract;  
      “State” means the state, the municipalities or the civil 
parishes;  
      “state monopoly” means an undertaking that occupies a 
monopoly position in the market due to the exclusive rights 
granted to it by the State in order to increase the profit of the 
State;  
 2(h) of  
41(I)/ 2014.       “supply”  (deleted) ; 
  
2(i) of  
41(I)/ 2014.       “TFEU” means the Treaty for the Functioning of the 
European Union;  
     “trade” means any kind of financial activity and includes 
  
 
9 both the provision of good s and services;  
   
 
2(g) o f 
41(I)/ 2014.       
“turnover”  (deleted) ; 
 
2(d) of  
41(I)/ 2014.       “undertaking” includes  every  entity engaged in economic 
activities  regardless  of its legal status and the way with 
which it is funded.  
 
 
 
 PART II  
CONTROL  AND SUPPRESSION OF COLLUSIONS 
AND PRACTICES WHICH RESTRICT COMPETITION  
 
Prohibition of 
practices which 
restrict trade and voidness  thereof . 
 3 of 
41(I)/ 2014.    3.−(1)Subject to the provisions of  sections  4 and 5, all 
agreement s between  undertakings , all decisions  by 
associations of undertakings and any concerted practice s 
which have as their object or effect the prevention , 
restriction or distortion of competition within the Republic, 
shall be  prohibited, and in particular those  which− 
 (a) directly or  indirectly fix  purchase or selling prices 
or any other trading conditions ; 
 (b) limit or control  production, markets , technical  
development or investments;  
 (c) Share markets , geographically or otherwise, or 
sources of supply;  
 (d) apply  dissimilar con ditions to equivalent  
transactions thereby placing certain 
undertakings at a competitive disadvantage;  
 (e) make  the conclusion of contracts subject to  
acceptance by other parties of supplementary  
  
 
10 obligations which , by their nature or according to 
commerc ial usage,  have no connection with the 
subject of such  contracts . 
      (2) Subject to the provisions of  sections  4 and 5 , 
agreements , decisions and concerted practices mentioned 
in the provisions of subsection (1) of this section, shal l be 
void ab initio, with no prior  relevant decisio n by the 
Commission being required.   
 
Collusions  which 
fall  within the 
scope of  section  
3(1) and are 
permissible and 
valid.  
   4.−(1) Any agreement, decision and concerted  practice 
falling within the scope  of subsection (1) of section  3, shall 
be permissible  and valid, with  no prior  relevant decision by 
the Commission being required,  if the following 
requirements concur : 
 (a) it contributes to improving the production or 
distribution of goods or to promoting  technical or 
economic progress , while allowing  consumers a 
fair share of the resulting benefit;  
 (b) it does not impose on the undertakings  
concerned,  restrictions which are not 
indispensable to  the attainment  of these 
objectives ; and 
 (c) it does not afford such  unde rtakings the 
possibility of eliminat ing competition in respect 
of a substantial part of the product  in question . 
  
      (2) The burden of pr oof that a  collusion  is permissible  
and valid by virtue of subsection (1) , shall lie upon  the 
undertaking or asso ciation of undertak ings concern ed, 
invoking  the abovementioned subsection.  
  
 
11       (3) The Commission may decide that any agreement, 
decision or concerted practice in respect of  which 
subsection (1) is being invoked, does not  meet the 
conditions provided fo r in the said subsection. As long as 
such a Commission decision remains in force , the relevant 
agreement, decision or concerted practice shall be  subject 
to the prohibition and invalidity resulting  from section  3. 
 
Exemptions from 
the scope of 
section  3.   5.−(1) The Council of Ministers  may, following a reasoned 
opinion of the Commission, issue Orders to be published in 
the Official Gazette of the Republic, which declare section  3 
inapplicable to certain categories of collusions . 
      4 (a) of  
41(I)/ 20 14.      (2) In respect of collusions to which  the provisions of this 
Law and not the provisions of the European Union 
competition law apply , the provisions of the European Union 
Regulations made pursuant to  subsection 3 of Article 101 
TFEU  shall apply,  mutatis mutandis,  as long as  there is no 
contradictory provision in an Order made  pursuant to  
subsection (1) of this section; in such a  case, the collusions  
are deemed to be permissible  and valid pursuant to the  
European Union Regulation , regulating  the sam e category 
of collusions  in the context  of the European Union  
competition law.  
      (3) (a) The burden of pr oof that a  collusion  does not fall 
within the scope of section 3 pursuant to an Order  made 
pursuant to subsection (1) of this section , shall lie upon the 
undertaking or association of undertakings concerned and 
invoking  the said Order . 
 
 
 
 
      4(b) of  
41(I)/ 2014.  (b) The burden of proof that a  category of collusions  is 
permissible and valid pursuant to the European Union  
Regulation referred to i n subsection (2) , shall lie upon  the 
  
 
12 undertaking s or as sociation of undertakings invoking the 
relevant European Union Regulation.  
      (4) (a) Th e Commission may decide that a  collusion  in 
respect of which an Order made under subsection (1) of this 
section is being invoked, does not fall within a category of 
collusions  where section  3 is rendered inapplicable pursuant 
to that Order . As long as such a dec ision of the Commission 
remains in force, the relevant collusion falls within the scope 
of section  3 and shall be  subject to the prohibition and 
invalidity resulting from that section . 
 
 
      4 (c) of  
41(I)/ 2014.  (b) The Commission may dec ide that a  collusion,  in 
respect of  which a European Union Regulation pursuant  to 
subsection (2) is being invoked, d oes not fall within the 
category of collusions  regulated by  the European Union 
Regulation in the context  of the  European Union competition 
law. As long as such a dec ision of the Commission remains 
in force, the relevant collusion falls within the scope of 
section  3 and shall be  subject to the prohibition and 
invalidity resulting from the said section . 
      (5) An Order made  pursuant to  subsection (1) shall come  
into force on the date of its publication  in the Official Gazette 
of the Republic, unless other wise therein provided.  
 
Abuse of a 
dominant position or 
relationship of 
economic 
dependence.    6.−(1) Any abuse by one or more undertakings  of a dominant 
position within the  internal  market or in a substantial part of it in 
respect of a product shall be prohibited, in particular , if this 
practice results or may result in - 
 (a) direct or indirect fixing  of unfair  purchase or 
selling prices or any other unfair, under the 
circumstances, trading conditions ; 
 (b) limiting production , distribution  or technical  
  
 
13 development to the prejudice  of  consumers;  
 (c) applying dissimilar conditions to equivalent  
transactions, thereby placing certain 
undertakings  at a competitive disadvantage;  
 (d) making the conclusion of  contracts subject to  
acceptance by the other pa rties of 
supplementary  obligations  which , by their nature 
or according to commercial usage, have no 
connect ion with the subject of such contracts . 
      (2) Any abuse by one or more undertakings, of a 
relationship of economic dependence where an undertaki ng 
stands compared to that or those undertakings, which is 
either a c ustomer , supplier, producer, representative, 
distributor or trading partner , shall be  prohibited, even as far 
as a specific kind of products or services is concerned, and 
it does not have an equivalnet  alternative solution.  
 
 
 
 
 
 
5 of 
41(I)/2014.  This abuse of a relationsh ip of economic dependence may, 
in particular , be constituted of the imposition of unfair  trading 
conditions , the application of discretionary treatment, or of 
sudden and inexcusable interruption of long -term trade 
relationships.  
 
Exemptions from 
the scope of this 
Law.    7.−(1) The provisions of this Law shall not apply to − 
 (a) agreements relating to wages and terms of 
employment and working conditions;  
 (b) undertaki ngs entrusted with the operation  of 
services of general economic interest or having 
the char acter of  revenue producing  monopoly , in 
so far  as  the application of these  provisions  
obstruct s the performance in law or in fact , of 
the particular tasks assigned to them  by the 
  
 
14 State.  
      (2) For the purposes  of paragraph (b) of subsection (1), it 
is presumed that the application of the provisions of this Law 
obstructs the performance in law or in fact  of the particular 
tasks of the said undertakings when there is not financial or 
technical way in the disposal of these undertakings, which is 
compatible  with the provisions of this Law and allows the 
implementation of the particular  tasks assigned to th ese 
undertakings by the State.  
      (3) The burden of proof that agreements or undertakings 
do not fall within  the scope of this Law pursuant to 
subsection (1) shall lie upon  the undertakings or 
associations  of undertakings concerned,  invoking the said  
subsection.  
      (4) The Comm ission may decide that an  agreem ent or 
undertaking, in respect of  which subsection (1) is being 
invoked, do es not fulfill the conditions  provided for  in the 
said subsection. As long as  such a decision of the 
Commission remains in force,    the relevant agreement or 
undertaking falls within the scope of this Law.  
 
PART III 
COMMISSION FOR THE PROTECTION OF 
COMPETITION  
 
Commission for 
the Protection of 
Competition.    8. There is hereby established an independent 
Commission, to be known as the “Commission for the 
Protection of Competition”, which shall be constituted , 
operate, function,  have the power s and duties determined 
by or under this  Law.  
 
  
 
15 Composition and 
operation of the 
Commission.  
   9.−(1) The Commission shall be composed of  five 
members and shall consist of the Chairman and four  other 
members appointed by a decision of the Council of 
Ministers, on a proposal of the Minister. The Council of 
Ministers shall appoint four substitute members of the 
Commission in accordance with the provisions of subsection 
(7). 
      (2)(a) The Counc il of Ministers  shall, on a proposal of the 
Minister, appoint the Chairman of the Commission, who 
shall be a person  of a high standing and probity possessing 
specialized knowledge and experience in law and being  
capable to contribute to the carrying into effect of the 
purposes of this Law.  
 (b) The Council of Ministers,  shall appoint four other 
members of the Commission, nominated by the Minister, 
who shall be persons  possessing specialized knowledge 
and experience in law, or economics, or competition, or 
accounting, or trade, or industry, capable to contribute to the 
carrying into effect  of the purposes of this Law.  
 (c) The Chairman and the other four  members of the 
Commission shall  serve under full -time employment  
contract.  
      (3) The Chairman , the other four membe rs of the 
Commission, or  the substit ute members, shall not be 
allowed to have any financial or other interest likely to affect 
the impartiality of their j udgment in the exercise of the 
competences , power s and duties of the Commission in 
accordance with this Law.  
      (4) The term of office of the Chairman and the other four 
members of the Commission shall be of five years and may be 
  
 
16 renewed once only, subject  to the provisions of subsection (2).  
      (5)(a) Whe re the office of the Chair man or  other member 
of the Commission becomes vacant before the expiry of his 
term of office, the Council of Ministers,  shall on a proposal 
of the Minister , appoint  a new Chairman or  other member  
for the remainder  of the term of office of the Chairman or 
other member,  as the case may be,  whose office has 
become vacant, subject to the provisions of subsection (2). 
The term of office of the Chairman or other member of the 
Commission who shall be appointed pursuant to this 
subsection, shall be renewable twice,  provided that at his 
first appointment the Chairman or the other member shall  be 
summoned to serve for a period less than two years and six 
months.  
 (b) Any vacancy in the office of the Chairman or other 
member of the Commission shall  not affect the leg al 
composition of the Commission and the fulfilment of its  
competences , powers  and duties.  
 (c)(i) Where the office of a member of the 
Commission, besides the Chairman, becomes vacant before 
the expiry of his  term of office , until the  appointment of a 
new member in the application of  paragraph (a), the 
substitute member appointed under section (7) shall 
participate in the Commission, in the place of the member 
whose office became vacant.  
 (ii) Where the office of the Chairman becomes 
vacant before the ex piry of his  term of office , until the 
appointment of a new Chairman in the application of 
paragraph (a), the Commission shall continue to operate 
with the rest of its  members, subject  to the provisions of 
subsection (7). 
  
 
17       (6) Where − 
 (a) the Chairma n is temporaril y hampered  from 
exercising his  duties for any reason, or  
 (b) the office of the Chairman becomes  vacant until 
the appointment of a new Chairman,  
 the Chairman shall be replaced  by a member of the 
Commission elected amongst the members part icipating in 
the meeting. In case  of an  equality o f votes, the older 
member shall serve as the Chairman.  
      (7)(a) The Council of Ministers  shall, on a proposal of the 
Minister, appoint as a substitute member for every member 
of the Commission, besides  the Chairman,  persons 
possessing specialized knowledge and experience in law, or 
economics, or competition, or accounting, or trade, or 
industry,  capable to contribute to the carrying into effect  of 
the purposes of this Law. The substitute member shall 
replace, in the exercise of his duties,  the member of the 
Commission − 
 (i) when the member of the Commission is 
temporarily hampered for any reason, or  
 (ii) in the case of paragraph  (d). 
 (b) The term of office of the substitute members of the 
Commission  shall be of five years and may be renewed.  
 (c) Where the Commission in a meeting thereof  
(hereinafter called the “current meeting”) is dealing with a 
matter  that has  dealt with it  in a previous meeting  
(hereinafter  called the “previous meeting”), and in the 
current meeting − 
   
  
 
18  (i) a substitute member of the Commission which 
had not participated in the previous meeting, is 
participating under paragraph (a) of this 
subsection or subparagraph (i) of paragraph  (c) 
of subsection (5), or  
 (ii) a member of  the Commission which had not 
participated in the previous meeting, is 
participating, irrespective of whether the 
substitute me mber had participated on his  
behalf or not,  
 the procedure and the discussion that has already been 
made in the previous meeting , shall not be repeated, while 
the validity of any decision of  the Commission on the matter  
shall not  be affected, on condition that  the member or, 
depending on the case , the substitute member is informed 
on the minutes and the rest of the data o f the prev ious 
meeting and such information shall be noted in the minutes 
of the current meeting .  
 (d) Where, under  subparagraph (i) or (ii) of paragraph  
(a), a substitute member of the Commission is participating 
in a meeting of the Commission during which a cert ain 
matter  is discussed, the Commission may decide that the 
substitute member shall continue replacing  the member of 
the Commission , that has been substituted for, in any or all 
of the subsequent meetings where the Commission shall 
deal with the same matte r. 
      (8) A defect in  the appointment of the Chairman, other 
member or substitute member of the Commission shall not 
affect the legal composition of the Commission and the 
fulfilment of its competences , powers  and duties.  
 
  
 
19 Remuneration, 
working 
condit ions and 
other benefits of the Chairman, 
members and 
substitute 
members .   10.−(1) The Council of Ministers may, by its decision, 
determine the working conditions, remuneration and other 
benefits of the Chairman, the other members of the 
Commis sion and the  substitute members  thereof.  
      (2) The Council of Ministers shall not adversely modify  
the working  conditions, the remuneration and the other 
benefits determined pursuant to subsection  (1), during the 
term of office of a member or substitute member of  the 
Commission, about whom the said working conditions , the 
remuneration and the other benefits had been so 
determined.  
 
Nature of service 
of the Chairman 
and the other 
members of the 
Commission.  
   11. The Chairman and the four other members of the 
Comm ission shall apply the hours of work of  public officers 
determined from time to time  by the Council of Ministers.  
 
Prohibition of 
private 
employment of 
the Chairman 
and the other 
members of the 
Commission.  
   12. The Chairman and the four other members o f the 
Commission shall not be allowed to practice any profession 
or occupation or to employ themselves in a business of any 
nature or to accept  payment for any kind of employment 
besides their duties, except only with the permission of the 
Council of Minis ters. 
Vacancy of  
office.    13.−(1) The  office of the Chairman, other  member or a 
substitute member of th e Commission shall be vacated−  
 (a) in case his term of office has expired; or  
 (b) in case of his death; or  
 (c) in case of his resignation accordi ng to 
subsection (2); or 
 (d) in case of impediment to the exercise of his 
duties for more than six months; or  
 (e) in case of removal from office declared by the 
  
 
20 Council of Minister s according to  subsection  (3). 
      (2) The Chairman, other member or substitute member 
of the Commission may submit to the Council of Ministers 
his resignation from such office in writing; the 
aforementioned  resignation shall not be subject to 
withdrawal, yet it  shall become  effective immediately no 
prior approval from the Council of Ministers  being required.  
      (3) (a) The Council of Ministers may remove from office 
the Chairman, other member or substitute member of the 
Commission, if any of t he following circumstances concur : 
 (i) if he has been decl ared bankrupt unde r 
the current  legislation of the Republic or if 
an order for the appointment of a syndic 
has been m ade against him or if he has 
entered into a composition with his 
creditors;  
 (ii) if he  has been declared insane or 
menta lly incapable under the current  
legislation of the Republic;  
 (iii) if he  has been convicted for a criminal 
offence which entails  dishonesty or moral 
turpitude;  
 (iv) if he is incapable, by reason of physical 
incapacity or disease, to perform  his 
duties ; 
 (v) if he  has maintained or acqu ired a 
financial or other interest which may 
affect the impartiality of his judg ment and 
he did not submit his  resignation;  
 (vi) if he has so abused his  tenure of office as 
  
 
21 to render the continuance of his  term of 
office prejudicial to the public interes t; 
 (vii) upon  recommendation of the Commission, 
in case of an unjustified abstent ion from the 
exercise of his  duties  and in particular in 
case of  an unjustified absence from three 
consecutive meetings of the Commission . 
 (b) The Council of Ministers , before removing anyone 
from office by virtue of paragraph (a), shall give that person 
the opportunity  to submit his views.  
 
 
158(I) of 1999.  In this case, subsections (3), (4) and (6) of section 43 of 
the General Principles of Administrative Law , Law of 1999 
shall apply . 
 
Powers of the 
Chairman.    14. The Chairman shall preside over the Commissi on, shall 
convene a meeting according to section 15, and shall sign 
the minutes and any other important document.  
 
Convening a 
meeting.  
   15.−(1) The Chairman shal l convene the Commission to a 
meeting whenever it deems  necessary, however he shall be 
bound to convene a meeting as soon as  possible and, in 
any case, within a period of seven days if requested so to 
do by notice in writing by at least three members of the 
Commission, who shall also, at the same time, specify the 
matters to be discussed.  
      (2) The summons of a meeting  shall be in writing and 
shall be addressed to the members of the Commission at 
least twenty -four hours  prior to the date appointed for the 
meeting; as an exemption, in extraordinary  cases, a meeting 
of the Commission shall be convened by a summons 
circulated among the members immediately prior to  the 
  
 
22 meeting.  
      (3) The agenda shall be drawn up by the Chairman and 
shall be communicated along w ith the summons to a 
meeting. As an exemption, if the Commission so decides, in 
extraordinary  and justified cases, a matter outside the 
agenda may be introduced for discussion, both by the 
Chairman and by another member of the Commission.  
 
Quorum  and 
decisions.    16.−(1) Subject to  the provisions of subsections (5)(c), (6) 
and (7) of section 9, the Commission shall be lawfully in 
session only if at such meeting at least three members are 
present.  
      (2) The decisions of the Commission sha ll be taken by 
majority, and in case of an equality of v otes,  the presiding 
member shall have a casting vote.  
Rules governing  
the proceedings 
before the Commission.  
  
 
6(a) of  
41(I)/2014.    17.−(1) The Commission shall decide to initiate  the 
proceedings  for the investigation of an infringement, as long 
as the Commission finds, following a proper  preliminary 
investigation, that an infringement of the provisions of 
sections 3 and/or 6 and/or Articles 101 TFEU  and/or 102 
TFEU  is possible.  
      (2) The Commissio n shall prepare  a written statement  in 
order to inform the undertakings or associations  of 
undertakings on the objections raised to their detriment. The 
said statement of objections  shall be  served on them or on a 
person duly authorized by the said underta kings or 
associations of undertakings, in any man ner they are 
summoned before the Commission in accordance with 
section 45.  
      (3) W here the existing information before  the 
  
 
23 Commission is changed or new information arise s, the 
Commission may proceed to the modification of  any 
objections raised against the undertakings or associations of 
undertakings concerned and the preparation and 
communication of  a modified statement of objections  to the 
undertakings or associations of undertakings concerned.   
      (4) During  the proceedings before the Commission for 
the investigation of infringements, or for the investigation o f 
complaints lodged pursuant to this Law, or for any other 
proceedings provided for by  this Law and/or the r egulations 
made thereunder , there  shall be allowed to be present − 
 (a) upon  invitation from the Commission − 
  (i) the persons who lodged the complaint, 
personally, through an authorized lawyer 
or personally with an authorized lawyer,  
    (ii) the persons involved in the p roceedings 
or/and the complaint  before the Commission,  
  (iii) any person, who may, at the 
Commission 's discretion, help in the 
investigation of the infringement or/and 
the complaint;  
6(b) of 
41(I)/2014.  (b) any member of the staff  who serves at  the 
Service:  
 
 
 
 
 
 6(b) of 
41(I)/2014.       Provided that the aforementioned shall also apply in   
respect of the ex -officio investigations initiated by  the 
Commission for infringements of sections 3  and/or 6 of 
this Law and  of Articles 101 TFEU  and/or 102 TFEU : 
      Provide d further that the persons referred to in 
paragraph (a) shall withdraw before the opening of 
session  of the Commission for the taking of decision.  
  
 
24   
 
 
 
 
 
 
      (5) A reasonable , under the circumstances, time -limit 
shall be set to the persons summoned  as hereinabove 
mentioned, which may be justifiably extended.  
 
 
 
 
  
 
 
 
 
6(c) of  
41(I)/2014.       (6) The Commission shall grant  every possible 
opportunity  to the persons present before it, to submit 
written observations  on the objections raised to their 
detriment and, to this effect , a reasonable time- limit shall be 
set, which may be justifiably extended. The Commission 
shall not be bound  to take into account written observations , 
submitted a fter the expiration of the set time -limit: 
Provided that the persons  present befo re it, upon 
submission of written observations shall clearly indicate any 
confidential information and/ or business secrets.  
      (7) Where  the undertaking or association of 
undertakings, on which the statement of objections  was 
served, omit s and/or refuses  to submit any written 
observations in respect of  the objections raised against it 
within the time- limit set, the Commission may proceed to the 
issue of a decision for the alleged infringements included in 
the statement of objections .  
      (8) The aforementioned persons summoned shall  be 
entitled , within the context of their  written observations  
submitted by them relating to their case, to request 
development of their arguments in the context  of an oral 
proceeding  before the Commission, w hereas the 
Commission may approve or reject  such a request. The 
Commission may , by its decision, set a time -limit for the 
development of arguments  of the persons summoned in the 
context  of an oral proceeding  before it .  
  
 
25       (9) As regards the Commission , the following rules shall 
apply : 
 (a) the Commission shall not be bound  to 
communicate to the undertaking or association of 
undertakings against which the complaint  or the 
ex-officio investigation is turned to , the whole file 
formed by the Commission on the case; however,  
it shall , subject to the provisions of section 33, be 
bound to communicate to it all of those documents 
of the file on which it intends to base its decision, 
with the exception of those documents constituting 
business  secret s; or, if th ose documents are 
already available to the undertaking or as sociation 
of undertakings, it must  indicate them to the 
undertaking in writing, so that this undertaking or association of undertaking s 
be informed in due 
course of all the documents that shall be used by 
the Commission as evidence;  
 (b) the Commission  shall not be allowed  to base  its 
decision on a document that has not been 
communicated or ind icated to the undertaking or  
association of undertakings against  which the 
complaint  or the ex -officio i nvestigation is turned 
to, according to paragraph (a); 
 (c) during the proceeding s before the Commission, 
if  the Commission intends to base its decision 
on a document that it has not communicated or 
indicated to the undertaking or association of 
undertak ings against  which the complaint  or the 
ex-officio investigation is turned to,  according to 
paragraph (a), the Commission shall be  bound 
to communicate the said document to the said 
  
 
26 undertaking or association of undertakings and 
shall grant to it reasonabl e time to examine the 
said document ; 
 
 
158(I) of 1999.  
 (d) subject to  the provisions of this Law and the 
provisions of the General Principles of 
Administrative Law , Law of 1999, the internal 
Rule governing  the works of the Commission 
shall be  determined by the Commission itself.  
 
Decisions of the 
Commission.    18.−(1) Subject to  the provisions of section 33, the 
decisions of the Commission, duly reasoned,  shall be 
communicated to every undertaking or association of 
undertakings  concerned and shall be pub lished in the 
Official Gazette of the Republic.  
      (2) The decisions of the Commission shall take effect 
from the date of their communication. A defective 
communication or public ation shall not affect the validity of 
the decision.  
 
 PART IV  
 SERVICE OF THE COMMISSION FOR THE 
PROTECTION OF COMPETITION  
Service of the 
Commission.  
   19.−(1) The Service of the Commission shall have the 
staff, operation and competences  determined by or under  
this Law.  
  
 
 
 
       1 of 1990  
      71 of 1991  
    211 of 1991  
  27(I) of 1994  
  83(I) of 1995  
  60(I) of 1996  
109(I) of 1996  
  69(I) of 2000  
156(I) of 2000       (2) The members of the staff of the Service shall be 
members of the Public Service and shall be appointed as 
provided for in the Public Service Law, including the Director 
of the Ser vice. The Director of the Service shall designate a 
member of th e staff of the Service to be the Secretary  of the 
Commission.  
  
 
27     4(I) of 2001  
  94(I) of 2003  
128(I) of 2003  
183(I) of 2003  
  31(I) of 2004  
  68(I) of 2005  
  79(I) of 2005  
105(I) of 2005  
  96(I) of 2006  
107(I)of 2008  
137(I) of 2009  
194(I)  of 2011  
78(I) of 2013  
7(I) of 2014  
27(I) of 2014.  
 
  
 
 
 
 
 
7(a)of 
41(I)/2014.  Notwithstanding  the provisions of the Public Service 
Law, in case of abolition of the Service, the memb ers of its 
staff shall be placed among the personnel of the Ministry of 
Energy,  Commerce , Industry and Tourism or any other 
Ministry or independent authority, without any change in 
their conditions of service , being understood that their duties 
may be diff erentiated.  
 
   
 
207 of 198 9
* 
111(I) of 1999  
87(I) of 2000  
155(I) of 2000.  
      (3) Persons who, on the date of  the entry into force of 
this Law , are members of the Service provided for  in section 
15A(1) of the Protection of Competition Laws,  1989 to (No. 
2) 2000, shall serve in the Service provided for  in subsection 
(1) of this section , as from the aforementioned  date, without  
their conditions of service , seniority, appointment or 
promotion or their  retirement benefits  being affected.  
 
7(b)of 
41(I)/2 014.      (4) The members of the staff of th e Service  shall, be 
allowed to be present in the meetings and/or the 
proceedings before  the Commission, including the 
consultations of the Commission,  for the taking of decision,  
and to inform and/or express thei r opinion to the 
Commission on issues entrusted to them, while their 
presence shall not affect the validity of the decisions of the 
                                                 
* The Protection of Competition Law , 1989 (L. 207/1989, as amended)was repealed and replac ed by 
The Protection of Competition Law, 2008 ( L.13(I)/2008)  
  
 
28 Commission.  
      (5) Subject  to subsection (6), the Director of the Service 
shall be the head of the administration and sh all be 
responsible for the Service.  
      (6) The Chairman shall be the competent  authority  for the 
purposes of the Public Service Law, who shall usually act 
through the Director of the Service.  
 
7(c)of 
41(I)/2014.       (7) The Secretary of the Commissio n shall be present in 
the meetings and/or the proceedings before the Commission 
and keep  the minutes . 
Competences   
of the Service.    20.−(1) The competences  of the Service shall be − 
 (a) to carry out the secretarial work of the 
Commission;  
 (b) to keep the Registers referred to  in section 22;  
 (c) to collect and examine  the information 
necessary for the exercise of the competences , 
powers  and duties of the Commission in 
accordance with this Law;  
 (d) to introduce  complaints and submit  
recommendations t o the Commission;  
 (e) to make  the necessary communications and 
publications in accordance with this Law;  
 (f) to grant  to the Commission every possible 
facilitation in order to fulfil its competences , 
powers  and duties.  
 
Provision  of 
information to the  
Minister on 
consumers 
protection.  
8(a)of   21. If during  or as a result of the investigation  by the 
Commission  of a case concerning possible infringement of 
sections 3 and/or 6,  and/or Articles 101 TFEU and/or 102 
  
 
29 41(I)/2014 . 
8(a)of 
41(I)/2014.  TFEU  eithe r on a  complaint  or ex officio , and/or investigation 
in sectors of the economy or types of agreements pursuant 
to section 32A , it is ascertained or there is  a reasonable 
suspicion  for possible infringement of the law relating  to 
consumers protection, the C ommission  shall inform the 
Minister, through the Service, in writing , as it may deem 
expedient.  
Keeping of 
Registers.  
   22.−(1) The Service shall be responsible for the keeping  of 
a Register of Complaints and Ex -Officio Investigations of the 
Commission, in which  all the complaints submitted 
according to section 35 and all the ex -officio investig ations 
of the Commission  shall be recorded.  
      (2) The Service shall be responsible for the keeping  of a 
Register of Decisions on collusions  or practices, in w hich 
there shall be registered−  
 
 
 
9(a) of  
41(I)/2014.  (a) the decisions of the Commission on matters 
pertaining to the provisions of sections 3 and/or 
6 of this Law and/or Articles 101 TFEU and/or 
102 TFEU.  
 (b) the decisio ns of the Supreme Court on the  same  
matters.  
 
9(b) of  
41(I)/2014.  
9(c) of  
41(I)/2014.       (3) The Register s kept und er this section shall be public, 
subject  to the obligation of safeguarding business secrets 
and/or confidential information of the undertakings and/or of 
the persons wh o submitted a complaint pursuant to section 
35. 
 
 
 
 
  
 
30  PART V  
COMPETENCES OF THE COMMISSION AND 
APPLICATION OF THE COMPETITION LAW  
Competences  of 
the Commission.  
 
10(a) of  
41(I)/2014.     23.−(1) The Commission shall constitute  the Competition 
Authority of  the Republic for the i mplementation of  Articles 
101 TFEU and/or  102 TFEU , according to Article 5 of 
Regulation (EC) No. 1/2003.  
      (2) Subject  to the provisions of Regulation (EC) No. 
1/2003, the Commission shall have the following 
competences : 
 (a) to investigate and decide regarding 
infringements of sections 3 and/or 6, either on its 
own initiative  or on a complaint ; 
 (b) to decid e whether the illegal collusions  of 
subsection (1) of section 3 fulfil the conditions 
provided for in subsection (1) of section 4;  
 (c) to decide whether  a collusion, in respect of  
which an Order made by virtue of subsectio n (1) 
of section 5 is being invoked , falls within  a 
category of collusions  for which the said Order  
declares  section 3 inapplicable;  
 
10(b) of  
41(I)/20 14.  (d) to decide whether a collusion, in respect of  
which a European Union Regulation by virtue of 
subsectio n (2) of section 5 is being invoked, falls 
within  the category of collusions  regulated by the 
European Union Regulation in the context  of 
European Union competition law;  
 (e) to decide whether a collusion  or undertaking 
does not fulfil the conditions provided for in 
subsection (1) of section 7;  
  
 
31 10(c) of  
41(I)/2014.  (f) to investigate and decide regarding  
infringements of Articles 101 TFEU and/or 102 
TFEU , either on a complaint  or on its own 
initiative  or as otherwise determined by 
Regulation (EC) No. 1/2003;  
 
 
10(d) of  
41(I)/2014.  (g) to decide whether the collusions  falling within 
the provisions of paragraph 1 of Article 101 
TFEU  may be allowed and considered valid, as  
defined in paragraph 3 of Article 101 TFEU  or 
pursuant to European Union secondary  
legislation  for the application of paragraph 3 of 
Article 101 TFEU  in a category of collusions ; 
10(e) of  
41(I)/ 2014.  (h) to impose administrative fines and administrative  
sanctions, as defined in  the provisions of this 
Law and/or the regulations made thereunder ; 
 (i) to decide upon the taking of interim measures in 
cases provided for  in section 28;  
 (j) applying Article 29 of Regulation  (EC) No. 
1/2003, to withdraw the benefit of the application 
of an exemption Regulation issued by the 
European Commission in respect of  a specific 
collusion , when the distinct geographic market is 
the Cyprus market ; 
 (k) to publish announcements for the information  of 
any party interested in the issues within its 
competence;  
 (l) to submit an opinion  on issues within  its 
competence to any public entity : 
  Provided  that the opinion submitted  shall not 
bind the Commission as to the context of a 
subsequent  decision, nor does it affect the 
  
 
32 validity of such a decision;  
10(f) of  
41(I)/2014.  (m) To decide on undertaking of commitments 
pursuant to section 25;  
 (n) to take statements pursuant to section 30A of 
this Law;  
 (o) to conduct investigation in a specific sector of 
the economy or in specific types of agreements 
pursuant to section 32A of this Law;  
 
 
 
 
 
 
 
 
  
 (p) to set, by a decision, the criteria for examination  
of cases in priority, for infringements of sections 
3 and/or 6 and/or Articles 101 TFEU and/or 
Articl e 102 TFEU pursuant to article 23A of this 
Law and to examine  cases based on these 
priority criteria;  
 (q) any other competences  granted to it by this Law 
or the regulations made thereunder.  
 
 
 
 
10(g)of  
41(I)/2014.       
 (3) Notwithstanding  the provisio ns of any other law or 
secondary  legislation, but without prejudice to the European 
Union  law or any law or secondary  legislation aiming at the 
harmonization with the European Union law, the 
Commission may − 
 (a) obtain  services directly on issues relating  to the 
exercise of its competences  and powers  
pursuant to this L aw and the exec ution of its 
duties  or the training of the staff of the Service to 
this effect, and 
 
 (b) enter into contracts of services, for the 
aforementioned reasons, according to a 
  
 
33  
 
 
 Setting  
criteria for the 
examination  
of complaints  
 in priority.  
11of 
41(I) /2014.  
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
Cooperation with     
other Authorities.  
11 of  
41(I)/2014.  
 procedure determined by the same.  
 
23A.-(1) T he Commission, by a decision published in the 
Official Gazette of the Republic, notifies of the criteria to be 
taken into consideration in order to determine  the priority  for 
examination of cases  concerning infringements of sections 3 
and/or 6 of the Law and/or Articles 101 TFEU and/or 102 
TFEU.   
    (2) The decision of the Commission pursuant to 
subsection (1), shall be issued,  following public 
consultation, taking into account the public interest, the 
possible effect on competition and/or consumers and the 
limitation periods as defined in section 41.  
    (3) The Commission may amend its decision issued 
pursuant to subsection (1), whenever it deems necessary, 
and, in any case, within three (3) years from publication of 
the decision.   
23B.–(1) The Commission may cooperate with regulatory or 
other Authori ties that exercise control in specific sectors of 
the economy of the Republic and offers its assistance, upon 
their request.  
   (2) The Commission may request the assistance of the 
above regulatory or other authorities, when exercising its 
powers under section 23 of this Law.  
    (3) The Commission may conclude Memoranda of 
Cooperation with other National Competition Authorities.   
 
Competences  of 
the Commission 
upon finding 
infringements of 
sections 3 and/or   24. For every infring ement of sec tions 3 and/or 6 and or 
Article 101 TFEU and/or 102 TFEU  committed by  
  
 
34 6. 
12(a)of  
41(I)/2014.  undertaking s or association s of undertakings, the 
Commission may, by its decision, take the following 
measures : 
 
12(b)of  
41(I)/2014.             (a) to impose administrative fines, according to the 
gravity and duration of the infringement − 
  (i) not exceeding ten per cent of the total 
turnover of the undertaking, or  
  (ii) not exceeding ten per cent of the sum of 
the total turnover of every undertaking 
which is a member of t he infringing 
association of undertakings,  
12(c)of  
41(I)/2014.   where the turnover corresponds to the preceding  
financial year: 
  Provided  that the Commission may exempt  
and/or reduce the amount of the administrative 
fine which would have been imposed o n an 
undertaking or association of undertakings,  
according to  the criteria and conditions of 
section 46, if the said undertaking or association 
of undertakings co- operates and/or  gives such 
assistance or proof which will  assist the 
Commission to prove the infringement;  
  (b) to force the undertakings or associations of 
undertakings concerned,  to bring to an end  
within a fixed time- limit the infringement  
ascertained and avoid any repetition of it in the 
future; in case the infringement is brought to an 
end before the issuing  of the decision of the 
Commission, the Commission may condemn  the 
infringement by a declaratory decision ; 
 (c) to impose  any terms and  measures whether 
  
 
35 12(d)of  
41(I)/2014.  behavioural an d/or structur al, dependi ng on the 
infringement a scertained, which are necessary 
for the bringing to an end of the said 
infringement;  
12(e)of  
41(I)/2014.  (d) in case that  the undertaking s or association s of 
undertakings concerned do not comply with the 
Commission’s decision issued pursuant to 
paragraphs (b) and (c) above, the Commission 
may impose an administrative fine up to five per 
cent (5%) of the average daily turnover during 
the pr eceding financial year  for each day during 
which the infringement  continues;  
12(f)of  
41(I)/2014.  (e) (deleted) ; 
12(f)of 
41(I)/2014.  (f) (deleted) . 
 
Undertaking  of 
commitments.  
13 of  
41(I)/2014.    25(1)- In case t he Commission intends to issue a decision 
demanding that an infringement of the provisions in sections 
3 and/or 6 of the Law and/or Articles 101TFEU and/or 102  
TFEU  be brought to an end, and  the undertakings or 
associations of undertakings concerned offer to under take 
commitments  to meet  with the Commission’s concerns  in its 
preliminary assessment , the Commission may, by  a 
decision, make these commitments  bindi ng on the 
undertakings or associations of undertakings  concerned . 
The Commission’s decision may be issued  for a specifi ed 
period and has to conclude that there are no longer grounds  
for further action.  
 
(2) In case where the undertakings or associations of  
undertakings concerned,  do not comply with the 
commitments  they undertook to comply with,  and which 
have been deemed binding  according to the Commission’s 
  
 
36 decision pursuant to subsection (1), the Commission may 
impose an administrative fine of up to ten p er cent (10%) on 
the turnover of the preceding  financial year.  
 
Nature of   
proceedings.  
   26. The proceedings before the Commission, in the 
exercise of its competences and powers , as defined in 
sections 23 to 25, shall be of  an examining and/ or 
explorat ory nature and the Commission may submit  
questions, request clarifications and explanations from the 
parties concerned, order the adducing of evidence , call 
witnesses and determine matters in contestation for the 
better carrying out  of the provisions of th is Law.  
Revocation or 
amendment of a 
decision of the 
Commission.  
14(a) of  
41(I)/2014.    27. The Commission may, upon  request or on its own 
initiative , revoke or amend its decision issued pursuant to  
section s 24 or 25  or 28− 
 (a) if a substantial real eve nt on which its decision 
was based, has changed;  
 (b) if the terms imposed by the decision of the 
Commission were not observed;  
 
 
14(b)of  
41(I)/2014.  (c) if the decision is  due to the Commission being 
misled by the provision of inaccurate , false, 
incompl ete or misleading   information or the 
concealing of accurate;  
 (d) if the undertakings or associations of 
undertakings concerned,  omit and/or refuse to 
comply with the measures imposed by the 
Commission in its decision taken.  
Interim 
measures.  
   28.−(1) The Commission may order the taking of interim 
measures and impose such terms which under the 
circumstances deems  necessary. Such  measures, whether  
  
 
37 mandatory  or prohibitory , must be of temporary and 
conservative nature and their extent must not exceed what 
is absolutely  necessary under the circumstances.  
      (2) The Commission shall,  according to  this section, 
either  act on its own initiative  or on the application of the 
interested parties , which  application may be submitted either 
ex parte or by servi ce of a  summons  on all the undertakings 
or associations of undertakings concerned,  as long as the 
following circumstances concur : 
 
 
 15(a) of  
41(I)/2014  (a) a reasonably strong prima facie  case of  
infringement of section 3 and/or 6 of this Law 
and/or Art icles 101 TFEU  and/or 102 TFEU , is 
made out;  
 
15(b) of  
41(I)/2014.  (b) it is a case  of urgency due to the serious risk of 
irreparable damage on competition.   
15(c) of  
41(I)/2014.  (c) (deleted ) 
 
 
 
 
 
 
 
 
 
  
 
15(d) of  
41(I)/2014.       (3) Any interested pa rty may, by  an ex parte application, 
apply for the taking of interim measures.  The application 
shall be accepted only as long as it is accompanied by a 
complaint made as defined in  section 35 or follows the 
complaint or as long as it is lodged during the proceeding s 
before the Commission for infringement of section 3 and/or 
6 of this Law and/or  Articles 101 TFEU and/or 102 TFEU . 
The application shall be accepted as long as in the 
application the required interim measures are prescribed 
and the applicant pay s, upon request of the Commission, a 
guarantee for damages that may be caused to the 
undertaking or association of undertakings against which the 
interim measures are ordered in case no infringement is 
found.  
  
 
38  
 
 
15(e) of  
41(I)/2014.  
 
  
 
 
 
15(f) of  
41(I)/ 2014.       (4) The Commission may impose on the undertaking or 
associ ation of undertakings concerned,  an administrative 
fine up to five per cent (5%) on the average daily  turnover of 
the preceding financial year  for each day during which it 
omits to fully comply with a decision of the Commission on 
the taking  of interim measures as defined in this section.  
 
(5) In case where the interested undertakings or 
associations of undertakings act in a way which is contrary 
to the decision issued pursuant to subsect ion (1), the 
Commission may impose an administrative fine of up to five 
per cent (5%) of the turnover of the preceding financial year.  
 
Advisory 
Committee on 
Restrictive 
Practices and Dominant 
Positions.    29. The Commission shall participate  in the meet ings of the 
Advisory Committee on Restrictive Practices  and Dominant 
Positions, as defined in  Regulation (EC) No. 1/2003, with a 
member of the Commission or of the staff of the Service, 
designated by the Commission.   
 
 
16 of  
41(I)/2014.  PART VI  
COMMIS SION´S POWERS FOR INVESTIGATION  
Commission 's 
powers  to collect 
information.  
 
 
 
  
17(a) of  
41(I)/2014.    30.−(1) The Commission may collect information that is 
necessary for the exercise of its competences , powers  and 
duties under this Law, both on its behalf  as well as on behalf 
of other Competition Authorities , by addressing to that effect  
a written request to undertakings, associations of 
undertakings or other natural person or public or private 
entity. 
      (2) When sending a request,  the Commission shall 
specify  the required information, the provisions of this Law 
or of the Regulation (EC) No. 1/2003 on which the request is 
based, the reasoning of the request, a reasonable time- limit 
  
 
39 fixed for the provision of information which may not be less 
than twent y days and the possible sanctions in the event of 
non compliance with the above obligation for the provision of 
information.  
17(b) of  
41(I)/2014.       (3) The person,  the undertaking or the association of 
undertakings , the public or private entity to whom  the 
request by the C ommission is addressed to,  shall be bound  
to provide,  in due course, in full and accurately , the required 
information within the time- limit fixed : 
Provided that public entities  may deny to provide the 
information requested in case wher e it is contrary to a 
provision of the European Union or law or secondary 
legislation, which aims at the harmonization with European 
Union Law.   
17(c) of  
41(I)/2014       (4) W here the reply and/or the information provided by 
the person,  the undertaking,  the association of undertakings ,  
the public or private entity , to whom the request is 
addressed, are incomplete , ambiguous or need further 
clarification s and/or investigation, the Commission may 
submit a new request addressed to the said person,  
undertaking,  association or undertaking s, the public or 
private entity in order to obtain all the information required 
and/or clarifications and/or explanations  necessary.  In the 
said request,  there shall be specified a time -limit for the 
provision of this informat ion and/or clarifications which may 
not be less  than seven (7) days,  as well as the possible 
sanctions in the event of non compliance with the above 
obligation.  
      (5) In case of submission of a request pursuant to   
subsection (2) or (4) − 
  
 
40  (a) all t he members of th e managerial  or 
administrative board  or committee arranging  the 
affairs of the legal person,  
 (b) the general manager or director or managing 
director of the legal person, and  
 (c) the persons who, according to the law or articles 
of asso ciation, are authorized to represent  
companies  or associations having no legal 
personality,  
 shall be  bound  to provide , in full and accurately , all the 
information required on behalf of the person, the 
undertaking or association of undertakings concerned , 
within the fixed  time-limit. 
      (6) Lawyers  duly authorized , may supply on behalf of 
their clients  all the information  required:  
 Provided  that the natural and legal person s who are 
obliged to provide information by virtue of subsections (1) to 
(5) shall remain fully responsible for the full and in a timely 
manner provision of the said information.  
      (7) In case − 
17(d) of  
41(I)/2014.  (a) of omission to provide the requi red information 
within the time  limit fixed ; or/and  
   
 (b) of intentiona l or negligent provision of false, 
incomplete , inaccurate or mi sleading 
information,  
17(e) of  
41(I)/2014.  the Commission may impose on an undertaking, association 
of undertakings, natural or legal persons or private entities, 
an administrative fine of up to 1 per cent (1%) of their 
  
 
41 turnover in the preceding financial year.  
 
 
 
17(f) of  
41(I)/2014.  
17(g) of  
41(I)/2014.       (8) In case of omission to provide the required 
information within the time -limit fixed , the Commission may 
additionally impose on an u ndertaking, association of 
undertakings, natural or legal persons or private entities an 
administrative fine up to five per cent (5%) of the average 
daily turnover during  the preceding financial year  for each 
day during which the infringement  continues.  
 
 
 
 
 
17(h) of  
41(I)/2014.  
 
17(i) of  
41(I)/2014.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
Power to take  
Statements.  
18 of  
41(I)/2014 .       (9) The information provided to the Commission in the 
exercise of its functions under this section may be used only 
for the purpose for which the information was required, with 
the exemption of thos e cases where this proves necessary  
for the application of the European Union competition law.  
    (10)   The person, the undertaking or the association of 
undertakings,  the public or priv ate entity to whom the 
request is addressed, with the provision of the information 
requested, indicates documents, statements and any 
material it considers to contain confidential information 
and/or business secrets justifying  its opinion, and provides a 
separate, non- confidential version within the time limit set by 
the Commission for notification of his/her opinion:  
      Provided that the person, the undertaking or the 
association of undertakings, or  the private entity does not 
exercise its right confer red to it by this subsection , the 
Commission may consider that the relevant documents, 
statements and the rest of the material do not contain 
confidential data  and/or confidential information.  
30A.-(1) The Commission may, in the exercise of its 
competences , powers and duties under this Law, conduct 
interviews with every natural or legal person that consents to 
  
 
42 it, in order to take statements  regarding the subject  of the 
investigation that is conducting.  
    (2)  The relevant interview may be conducted wi th all 
available means; the Commission may register, in any form, 
the statements it takes from the interviewees, provided it 
informs them accordingly.    
  (3)  Before the interview starts , the Commission notifies the 
intended interviewee, of the legal basi s and the purpose of 
the interview, reminds him of its consensual nature and 
informs that that the interview is recorded.  
(4)   A copy of the re corded interview is available to the 
interviewee, who signs it after approving it.  
Commission’s  
powers of  
inspection.  
   31.−(1) The Commission may, in the exercise of its 
competences , powers  and duties  under this Law, conduct all  
necessary inspections of  undertakings or associations of 
undertaki ngs and for this purpose −  
 
 
  
19(a) of  
41(I) /2014.  (a) enter any office , premises, land and means  of 
transport of undertakings and associations of 
undertakings,  as well as in any other business 
premise   with the exemption of residences ; 
 (b) examine  the reco rds, books, accounts, and  
other records related to the busine ss, 
irrespective of the medium on which they are 
stored;  
19(b) of  
41(I) /2014.  (c) take or acquire, in any form, a copy or an extract 
form the records, books, accounts and any other  
document of business activity , irrespective of the 
medium in which they are stored , and wherever  
these are kept.  
  
 
43  (d) seal any business  premises and records, bo oks, 
accounts and other business records , for the 
period and to the extent  necessary  for the 
inspection;  
 
 (e) ask any representative or member of staff of the 
undert aking or association of undertakings, for 
explanations on  facts or documents relating to  
the subject -matte r and purpose of the inspection  
and record the answers.  
      (2) Inspections  under subsection (1) shall be cond ucted 
and the relevant powers  shall be exercised by competent 
officers of the Service at the request  of the Commission. If 
deemed necessary by the Commission, the said officers 
shall be accompanied by other officers, namely public 
officers and/or officers of the wider public sector, and/or 
persons with special knowledge who may be employed by 
the Commission.  
      (3) The Commission’s  request shall be in writing and 
shall accurately specify  the subject  - matter and purpose of 
the inspection, fix the date on which it is to begin,  the 
provisio n on which this power of the Commission is based 
and the possible sanctions where the undertaking or 
association of undertakings refuses to comply with the 
Commission’s request . 
      (4) Inspections  shall be conducted without prior 
notification of the undertaking or associ ation of undertakings 
concerned, unless the Commission deems  that notific ation 
will assist the inquiry .  
      (5) The undertaking or association of undertakings in 
which the inspection is conducted may consult its lawyer  
  
 
44 during the inspection , but his  presence is not legally 
required for the validity of the inspection and/or defence for 
non and/or defective  compliance with the Commission’s 
request .  
      (6) T he Commission , where appropriate,  shall request 
the assistance  of the Police  so as  to become capable to 
exercise its powers  according to the provisions of this 
section.  
 
 
 
19(c) of  
41(I) /2014.       (7) The Commission may impose on an undertaking or 
association of undertakings an administrative fine up to one 
per cent (1%) of the  turnover of the preceding financial year ,  
where, either  intentionally or negligently  it produces the 
required records, books, acc ounts or  other business records  
in incomplete or falsified manner or where the undertaking 
or as sociation of undertakings ref uses to comply with  the 
Commission’s request for inspection.  
 
 
 
19(d) of  
41(I) /2014.       (8) The Commission may additionally impose on the 
undertaking or association of undertakings  concerned , an 
administrative fine up to five per cent (5%) of the average 
daily turnover during  the preceding financial year  for each 
day it omits to comply with an order of the Commission to 
conduct an inspection  according to this section .  
 
 
 
 
  
19(e) of  
41(I) /2014.       (9) The information received by the Commission in t he 
exercise of its competences  under this section may be used 
only for the purpose for which the inspection is allowed, with 
the exempt ion of those cases where this proves necessary  
for the application of  the European Union competition law.  
      (10) Eve ry undertaking or association  of undertakings 
which is subject to an inspection pursuant to this section and 
every person to whom questions are submitted  or from 
  
 
45 whom explana tions are requested pursuant to  paragraph (e) 
of subsection (1), shall have the obligation to provide the  
investigating  officer , as long as the l atter reasonably 
demands , with− 
 (a) any facilitation,  
 (b) any information, and  
 (c) any declaration o n whether the information he  
provides to the investigating officer  is true,  
 whereas t he investigating officer  may demand and receive 
such facilitation, information and declaration.  
      (11) Any person commits a  criminal offence , who− 
 (a) refuses  or omits to comply with an obligation 
imposed on him by subsection (10);  or 
  (b) conceal s, destroys or falsifies an information, 
record, book, account or other  record related to 
the business , which is the subject of an 
inspection pursuant to  this Law, or provides the 
Commission or its  investigating officer ,  false, 
incomplete , inaccurate or m isleading 
information, declaration, record, book, account 
or other  record related to the business, or 
refuses  or omits to provide the Commission or 
its investigating officer  information, declaration, 
record, book, account or other  record related to 
the bus iness  required in the exercise of the 
powers granted by this Law,  
 and shall be subject to a sentence of imprisonment not 
exceeding  one year or to a fine  not exceeding  eighty -five 
thousand euros or to both such  penalties.  
      (12) In case of prosecu tion for an offence pursuant to  
  
 
46 subsection (11) − 
   
 (a) in relation  to refusal  or omission to comply with 
an obligation imposed by virtue of subsection 
(10), it shall be a defenc e for the accused if he 
proves that he had reasonable cause for the 
said refus al or omission ; 
 (b) in relation  to the provision of false, incomplete , 
inaccurate or misleading information, 
declaration, book, accoun t or other business 
record , it shall be a defence for the accused if he 
proves that he provided the information, 
declaration,  record,  book, accoun t or other 
business record  in good faith and without 
knowing that it was false, incomplete, inaccurate 
or misleading.  
 
On the spot 
inspections  of 
other premises.  
   32.−(1) The conduct  of an inspection  in any premise s, land 
and means of transport other than the one provided for  in 
section 31 or in residences  shall not be allowed except upon 
the issue of a duly reasoned judicial warrant .  
 
20(a) of  
41(I)/2014       (2) The Commissio n may apply to the Court to issue a 
warrant , ordering  the conduct  of an inspection , as long as 
there are reasonable suspicions that in that place there are 
records, accoun ts, books, other  records related to the 
business or other particulars  relating to the investigation of 
the case.  
20(b) of  
41(I)/2014       (3) The Court shall issue a warrant , allowing the 
Commission to exercise, mutatis mutandis, the powers 
referred to in paragraphs (a), (b), (c), (d) and (e) of 
subsection 1 section 31, when conducting inspections in 
  
 
47 residence s or any other premises, l and an d means of 
transport. The above warrant above,  is issued  if the Court is 
satisfied  that the application submitted according to 
subsection (2) is justified by the facts.   
      (4) The procedure of submission and hearing of the 
application shall be g overned by a  rule of c ourt made  by the 
Supreme Court, but until the making  of such rule, the 
application should be supported by an affidavit  of an 
authorized officer.  
 
 
 
 
 
 
 
 
20 (c) of  
41(I)/2014  
 
 
 
 
Power to  
conduct 
investigations  in 
sector s of the 
economy or types of  
agreement.  
21 of  
41(I)/2014.  
       (5) Every search warrant shall be under the hand of a 
Judge issuing the same, shall bear the date and time of 
issue , as well as a declaration of the J udge that he has been 
justifiably satisfied  on the need for the issue  of the said 
warrant.  
 
     (6)  Subsections (2), (4), (5), (6), (9) and (10) of section  
31 are also applied, mutatis mutandis, in case of inspections 
pursuant to this section . 
 
32.A. - (1) Subject to the provisions of sections 30, 30A and  
31, the Commission may, when the trend of trade , the 
rigidity  of prices or other circumstances create suspicion that 
competition may be restricted or distorted in the Republic, 
conduct inquiry  in a particular  sector of the economy or in 
particular  types o f agreement s in several sectors.  
 
      (2) The Commission may request the information 
necessary for the application of sections 3 and/or 6 and/or 
Articles 101 TFEU and/or 102 TFEU, as well as conduct any 
inspection to this effect. The Commission may, in p articular , 
request the undertakings or associations of undertakings to 
communicate to it any  agreements, decision or concerted 
  
 
48 practice.  
 
     (3) The Commission may publish a report on the results 
of its in quiry into particular  sectors of the economy or 
particular  types of agreement in several sectors.   
 
    (4) The Commission may use the evidence, resulting  from 
the inquiry , in cases of investigation of possible 
infringements of sections 3 and/or 6 and/or Articles 101 
TFEU and/or 102 TFEU.  
 
Duty to secre cy 
for the protection 
of business  
secrets and 
confidential 
information.  
   33.−(1) The Chairman, the other members and the 
substitute members of the Commission, the persons  working 
under the supervision of  the Commission, the staff of the 
Service and other  public officers who by reason of their post  
or in  the performance of their official duties obtain 
information on business  secrets and information of  a 
confidential  nature, shall have a duty to  secrecy and shall be 
bound not to communicate and/or publicize such 
information, except  in so far as this proves  necessary − 
 (a) to prove  an infringement of sections 3 and/or 6 
of this Law and/or  Articles 101 TFEU  and/or 102 
TFEU ; 
 (b) to implement the provisions of this Law.  
      (2) The  same  duty to secrecy sha ll be also owed by any other 
natural or legal person  who obtains such information in the 
application of this Law according to the pr οceedings  provided for 
in this Law.  
      (3) Without prejudice to section 38, violation  of the duty 
to secrecy under this section shall constitute, in the case of 
public officers, a serious disciplinary offence punishable in 
  
 
49 accordance with the relevant disciplinary provisions.  
 
 
22 of  
41(I)/2014       (4) Nothing in  this Law shall prevent  the communication  
and/or publication of information for the purpose s of 
applying the European Union competition law.  
 
 PART VII  
COMMUNICATION OF INFORMATION AND  
COMPLAINT  OF INFRINGEMENT S 
Duty of public 
officers to 
communicate 
information.  
   34.−(1) It shall be the duty of t he officers of the Competition 
and Consumers’ Protection Service of the Ministry of 
Commerce , Industry and Tourism to communicate forthwith 
to the Commission any possible infringement s of this Law 
which come  to their knowledge by reason of their post or in 
the perform ance of their official duties.  
      (2) The communication under subsection (1) shall be 
deemed to be proper performance of official duty within  the 
meaning of the Public Service Law, whereas  an omissio n 
thereof shall constitute a disciplinary offence pu nishable in 
accordance with the relevant disciplinary provisions.  
Complaint of 
infringement s of 
section s 3 and/or 
6 of this Law 
and/or Articles 
101 TFEU  and/or 
102 TFEU . 
23 (a) of  
41(I)/2014.  
23 (b) of  
41(I)/2014.    35.−(1) Any natural or legal person wh o has a legitimate 
interest to this effect, shall be entitled to lodge a complaint of 
infringement of the provisions of section 3 and/or 6 of this 
Law and/or Articles 101 TFEU  and/or 102 TFEU . 
      (2) A person has a legitimate inte rest if he can prove that 
he has suffered or there is a seri ous or possible risk that he  
will suffer a substantial  financial injury or that he will or there 
is a serious or pos sible risk that he will be placed at a 
disadvantage regarding competition, as a direct result of the 
  
 
50 infringement.  
 
 
 
 
 
 
 
Annex.  
 
 
 
  
 
 
 
23 (c) of  
41(I)/2014  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
       (3) The complaint shall be lodged in writing to the 
Commission and shall be signed by  the complainant or the 
legal adviser  or an authorized representative of  the 
complainant . The  said complaint shall include all the 
information referred to in the Annex to this Law, so as the 
Commission to be in a position to investigate the complaint 
lodged. Where the complaint does not include all the 
information of the Annex, the Commission may nevertheless 
accept it, if it deems  that the information submitted is 
satisfactory for the investigation  of the complaint lodged:  
        Provided that , where a complaint concerns an act, 
omission  or behavior which is provident that it does not fall 
within the Commission’s competence pursuant to the 
provisio ns of this Law, the Commission inform s the person 
who submitted the complaint  accordingly : 
      Provided further that , where a complaint concerns an act, 
omission  or behavior which does not fall w ithin the 
Commission’s priorities, pursuant to the provisions of s ection 
23A, the Commission informs the person who submitted the complaint  accordingly . 
 
 
  
 
     (4) Upon  the lodging of the complaint, the Commission 
shall instru ct the Service on the conduct  of a preliminary 
investigation of the suspected infringement referred to in the 
complaint.  
 
   
 
 
      (5) If, following the preliminary investigation  of the 
Service, the Commission ascertains that the complaint 
lodged does not fall within  the scope of application of this 
Law and/or that there is not a reasonable  ground for 
suspected  infringement of sections  3 and/or 6 of this Law 
  
 
51 23 (d) of  
41(I)/2014  
 and/or Articles 101 TFEU  and/or 102 TFEU , based on the 
information before it , then the Commission shall issue  a 
relevant decision.  
      (6) W here the Commission, after a proper preliminary 
investigation conducted by the Service, ascertains that a 
prima facie case for the infringement mentioned in the 
complaint  is made out , section 17  shall apply .  
  
PART VIII 
CRIMINAL PROVISIONS  
Omission to 
comply with a  
decision of the 
Commission.    36. Any person who omits to comply with or acts in 
contravention of a decision of the Commission issued  
pursuant to any of sections 23 to  25, shall commit a criminal 
offence punishable with a sentence of imprisonment not 
exceeding  two years or with a fine  not exceeding  three 
hundred forty thousand euros  or with both such  penalties.  
Omission to 
comply with a  
decision of the Commission for the taking of  
interim 
measures.  
   37. Any person who omits to comply  with or acts in 
contravention of a decision of th e Commission issued 
pursuant to section 28, ordering  the taking of interim 
measures, shall commit a criminal offence punishable with a 
sentence of imprisonment not exceed ing two years or with a 
fine not exceeding  three hundred forty thousand euros or 
with both such  penalties.  
 
Criminal offence 
for contravening 
the duty to 
secrecy.  
 38. Any person who contravenes the duty to secrecy 
imposed on him by section 33, shall com mit a criminal 
offence punishable with imprisonment not exceeding  one 
year or with a fine not exceeding  three thousand five 
hundred euros or with both such  penalties.  
 
Liability  of legal 
persons.    39.−(1) W here, pursuant to the provisions of this Law 
  
 
52  and/or the regulations  made thereunder , a legal person 
commits  a criminal offence, for the offence,  there shall be 
liable  besides the legal person itself − 
 (a) all the members of th e managerial  or 
administrative board  or committee arranging  the 
affairs of the legal person, and  
 (b) the general manager or director or managing 
director of the legal person,  
 and the prosecution for the offence may be turned against 
the legal person and against all or any of the above persons.  
      (2) W here an act or omi ssion of a legal person causes , 
pursuant to the provisions of this Law and/or the r egulations 
made thereunder , the imposition of  an administrat ive fine by 
the Commission, for this act  or omission and for the 
payment of the said admin istrative fine, there shall be liable 
besides the legal persons themselves, the persons referred 
to in paragraphs (a) and (b) of subsection (1).  
 
 PART IX  
ACTION FOR DAMAGES , ADMINISTRATIVE FINES  
Action for 
damages.  
 
 
  
24(a) of  
41(I)/ 2014  
24(b) of  
41(I)/ 2014  
   40.−(1) In case of an action for damages brought by any 
person who has suffered loss and/or financial injury  from 
any acts or omission s of an undertaking or associations of 
undertakings done in contravention of sections 3 and/or 6 of 
this Law and/or Articles 10 1 TFEU  and/or 102 TFEU , an 
irrevocable decision of the Commission or of other 
Competition Authority or of the European Commission , 
ascertaining the said infringement shall constitute  a 
rebuttable presumption about the truth of its context.  
 
      (2) The person who has suffered any damage under 
  
 
53  
 
 
24(c) of 
41(I)/  2014  
 subsection (1) shal l have the right to apply to the Court for  
maki ng an injunction in order  to obstruct  the continuance of 
the infringement of section s 3 and/or 6 of this Law and or 
Articles 101  TFEU and/or 102 TFEU.   
 
Limitation period 
for the imposition 
of administrative fines by the 
Commission.  
25 of  
41(I)/ 2014  
   41.−(1) The Commission shall be deprived of its power to 
impose administrative fines for infringements of the 
provisions of this  Law and/or of the European Union 
competition law, unless it exercises its power within the 
following limitation periods:  
 (a) within three (3) years in the case of 
infringements of provisions concerning  requests 
for information or the conduct of inspecti ons, 
according to the provisions of sections 30, 31 
and 32 A.  
 (b) within five (5) years, in the case of all other 
infringements.  
      (2) Time shall begin to run on the day on which the 
infringement is committed, whereas in the case of cont inuing 
or re peated infringement  time shall begin to run  on the day 
on which the infringement ceases.  
      (3) The limitation period shall be interrupted by  any act of 
the Commission , aiming at the conduct of preliminary 
investigation or at  the examination of  a possi ble 
infringement of this Law. These acts mainly include-  
 
  (a) initiation of examination procedure on behalf of 
the Commission, pursuant to subsection (1) 
section 17;  
 
  (b) written request by the Commission to provide 
  
 
54 information, pursuant to subsection (1), section 
30; 
 
  (c)  written order by the Commission for inspection, 
pursuant to section 31;  
 
  (d) written order by the Commission for inspection 
pursuant to subsection (2) section 32A.  
 
(4) The limitation period shall  re-commence, from the 
beginning,  after every interruption.   
 
(5) The limitation period for the imposition of administrative 
fines shall be suspended for as long as the Commission’s 
decision is the sub ject of an ongoing procedure before the 
Supreme Court.  
 
 
Procedure for the 
imposition  of 
administrative 
fines by the 
Commission.  
26(a) of  
41(I)/2014  
   42.−(1) The administrative fines for infringements of the 
provisions of this Law and/or articles 101 TFEU and/or 102 
TFEU are imposed by the Commission,  in a fully reasoned 
decision,  follow ing the conduct of a proper  investigation and 
taking into consideration the gravity and the duration  of the 
infringement  in each case.   
      (2) Before the imposition of an administrative fine, the 
Commission shall inform the undertaking or association of 
undertakings or person affected , on its intention to im pose 
the administrative fine, informing  the said undertaking  or 
association  of undertakings or person , on the reasons for 
which it intends to act in this way , and granting the said  
undertaking or a ssociation of undertakings or person the 
right to submit objections, within a strict ly limited period of 
thirty days.  
  
 
55  
Taking of judicial 
measures for 
collecting the administrative 
fines imposed by 
the Commission  
In accordance 
with this L aw.   43. In case  of an omission to pay the administrative fines 
imposed by the Commission in accordance with this Law, 
the Commission shall take judicial measures and shall 
collect the amount due as a civil debt owed to the Republic.  
 
Imposition of an 
administrative fine on an 
association of undertakings.  
   44.−(1) When  an administrative fine  is imposed on an 
association of undertakings  taking  account of the turnover of 
its members and the association is not solvent, the 
association shall be obliged to call for contributions from its 
members to cover the amount of the administrative fine.  
      (2) Where such contributions have not been made to the 
association within a time- limit fixed by the Commission, the 
Commission may require payment of the administrative fine 
directly by any of the undertakings whose representatives 
were members of the decision- making bodies  involved of 
the association of undertakings . 
      (3) After the Commission has required payment under 
subsection (2), where necessary to ensure full payment  of 
the administrative fine,  it may r equire payment of the 
balance from  any of the members of the association  of 
undertakings  which were active on the market on which the 
infringement occurred.  
      (4) The Commission shall not require payment under 
subse ction s (2) and (3) from undertakings which show  that 
they have not implemented the infringing decision of the 
association  of undertakings  and either were not aware of its 
existence or have actively distanced themselves from it 
before the Commission started  investigating the case.  
 
       (5) The financial liability of each undertaking, in respect 
of the payment of the administrative fine imposed on the 
  
 
56  
 
 
 
27of 
41(1)/2014.   association of undertakings of which the undertaking is a 
member, shall not exceed ten per cent of the total turnover 
of this undertaking according to paragraph (a) of section 24  
for every infringement of sections 3 and/or 6 and/or Articles 
101 TFEU and/or 102 TFEU . 
 
Summons before 
the Commission.  
   45. The summons of undertakings or a ssociations of 
undertakings or any other person before the Commission, 
provided for in this Law, s hall be made−  
 (a) by the dispatch of a double -registered lett er to 
the principal place of business  of the 
undertaking, the association of undertakings or  
the person summoned,   
 (b) through fax or an y other electronic way  to the 
principal place of business  of the undertaking, 
the association of undertakings or  the person 
summoned,  or 
 (c) by hand delivery to a director, or official or 
authorized person of th e undertaking, the 
association of undertakings or  the person 
summoned, irrespective of the place he was 
found.  
 
 PART X  
MISCELLANEOUS PROVISIONS  
Regulations.   
   46.−(1) The Council of Ministers may make regulations, to 
be published in the Official Gazet te of the Republic, for 
prescribing any matter which under this Law requires to be 
or may be prescribed.  
      (2) Without prejudice to the generality of subsection (1),  
  
 
57 regulations referred to  therein may regulate − 
 (a) matters relating to  the applica tions for the issue  
of a certified extract  of the Registers kept under 
section 22;  
 (b) the procedure f ollowed before the Commission 
during  the investigation of infringements 
according to this Law;  
 (c) the determination of the way to impose  
administrat ive fine s, to be r eleased from and/or 
to reduce administrative fines  for infringements 
according to this Law.  
 
      (3) Regulations made pursuant to  this section may 
provide for crimin al offences punishable with a fine up to 
eighty -five thousand euros and the imposition of 
administrative fines not exceeding eighty -five thousand 
euros.  
      (4) Regulations made pursuant to this Law shall come 
into force from the date of their publication in the Official 
Gazette of the Republic, unless otherwise therein provided.  
      (5) The making of regulations pursuant to this section  
shall not constitute a prerequisite for the application of this 
Law, whereas until the making of r egulations for the 
determination of a specific matter , the Commission may 
regulate th e said matter  by its decision, except for the 
matters  concerning  the provision of criminal offences.  
 
Rules of Court.  
   47. The Supreme Court may make rules of c ourt to be  
published in the O fficial Gazette of the Republic for the 
application of the prov isions of− 
  
 
58  (a) sections 32 and 40 of this Law and  
 (b) Regulation (EC) No. 1/2003 and in particular  
Articles 15 and 16 thereof . 
 
Report of  the 
activities of the 
Commission.  
   48. The Commission shall prepare and submit to the 
Minister and the House of  Representatives an annual report 
of its activities.  
Liability of the 
Chairman, 
members and substitute 
members of the 
Commission, 
members of the 
Service and others.  
   49. Subject to  the provisions of this Law and the 
regulations made thereunder , the Chai rman, the other four 
members and the substitute members of the Commission, 
the members of the staff of the Service and the persons  
working  under the supervision of the Commission, shall 
have no liability for anything done or omitted to be done or 
said, or for any opinion stated, or any report or other 
document prepared in the bona fide exercise of their duties, 
competences  or powers pursuant to this Law and/or the 
regulations made thereunder .  
Application of 
European Union 
competition Law, 
mutatis 
mutandis . 
28(a) of  
41(I)/2014.  
28(b) of  
41(I)/2014.  
   50. When  in this Law or regulations or orders  made 
thereunder  a matter  is not specially regulated,  the Court or 
the Commission, as  the case may be, shall apply , mutatis 
mutandis, the relevant provisions of t he European Union  
competition law .  
Minister’s 
Orders.  
29(a)of  
41(I)/2014  
 
Annex.    51.−(1) The Minister may , following a reasoned opinion of 
the Commission,  by an order published in the O fficial 
Gazette of the Republic, amend or replace the Annex of this  
Law and any Annex of regulations made thereunder . 
29(b)of  
41(I)/2014       (2) The Minister may, by an order published in the Official 
Gazette of the Republic, prescribe the fees imposed by the 
Commission for the services rendered by the Commission or its Service.  
  
 
59 29(b)of  
41(I)/2014  (b) (deleted ). 
  
      (3) An Order made  pursuant to this section shall come  
into force on the date of its publication in the O fficial Gazette 
of the Republic, unless otherwise therein provided.  
 
Repeal.  
    207 of 1989  
    111 of 1999  
  87(I) of 2000  
155(I) of 2000.    52.−(1) The Protection of Competition Laws , 1989 to (No.2) 
2000 and the Commission for the Protection of Compet ition 
formed  by them  are hereby repealed.  
 
 
67(I) of 2001.  
      (2) The Remuneration of the Chairman of the Commission 
for the Protection of Competition Law , 2001 is hereby repealed.  
Transitional 
provisions.  
   53.−(1) Orders  and Regulations made by virtue of the 
Protection of Competition Laws , 1989 to (No.2) 2000 shall , 
unless incompatible wit h the provisions of this Law , continue 
to be i n force as if they had been made by virtue of this  Law, 
until amended or repealed.   
30(a) of  
41(I)/2014.       (2) (deleted ) 
      (2) Where a law other than this Law or a regulatory 
administrative act or an individual administrative act refers to 
the Protection of Competition Laws , 1989 to (No.2) 2000, 
the said reference shall be deemed, mutatis mutandis, to be 
a reference to this Law.  
 
 
 
  
 
  
 
      (3) The procedur e for the dispatching of cases, 
investigation of complaints and ex -officio conduct  of 
investigations , including the procedure for the taking of 
interim measures, which on the date of the entry  into force 
of this Law are pending before the Commission for the 
Protection of Competition established by virtue of section 8 
of the Protection of Competition Laws , 1989 to (No.2) 2000, 
  
 
60  
 
 
 
 
30(b)of  
41(I)/2014  
 
 
 41(I) of 2014  
 shall be deemed  to be pending before the Commission 
established by virtue of the provisions of this Law.  
 
   (4)  In cases of infring ement of the  provisions of the  
principal  law and/or non compliance with a Commission’s 
decision,  which  were committed  before the  date of  coming 
into force of the Protection of Competition (Amendment) 
Law of 2014, regarding the imposition of fines, the 
provisions of the principal law shall apply.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
  
 
61  
 
 ANNEX  
(sections 35 and 51)  
INFORMATION THAT HAS TO BE INCLUDED WHEN 
LODGING A COMPLAINT PURSUANT  TO SECTION 35 
OF THE PROTECTION OF COMPETITION LAW  
 
(1) Particular s of the person lodgin g the complaint  
 
(i) Full name and surname, address (postal and 
electronic), number of telephone and fax of the person 
lodging the complaint. In the case of a legal person, full 
business  name must  be stated.  
(ii) Where the person lodging the complaint is a legal pe rson, 
the group of companies where it belongs, the holding  and/or 
subsidiary companies thereof must be stated.  
(iii) Short description of the nature, scope and 
professional activities of the person lodging the complaint.  
(iv) The relationship between the person lodgi ng the 
complaint and the undertaking or association of 
undertakings against whi ch the complaint is lodged must  be 
stated  (ie, competitor, client).  
(v) Full name and surname, address (postal and 
electronic), number of telephone and fax of the person who 
shall b e responsible for the provision of additional 
information or /and clarifications on behalf of the person 
lodging the complaint.  
(2) Particular s of the person against whom the complaint is 
lodged  
(i) Full business name  and address of the undertaking 
or associat ion of undert akings, including information in 
  
 
62 relation to  the group of companies  where it belongs , the 
holding  and/or subsidiary companies thereof.  
(ii) Short description of the nature, scope and 
professional activities of the undertaking or association of 
undertakings against which the complaint is lodged.  
 
(3) Nature of the relevant product market  
 
(i) Determination of the nature of the products affected 
by the alleged infringements.  
(ii) Number of suppliers of the said products.  
(iii) The total (in value) of sales of the s aid products.  
(iv) The dimensions of the competition existing  in the relevant 
market.  
(v) The possibilities for new c ompetitors to enter the said  
market.  
(vi) Whether there are other substitutes for the relevant 
products.  
(vii) Determination, in the best possible way, of the relevant 
market and the shares in the market of the undertaking and/or 
undertakings against which the complaint is lodged.  
(viii) Determination, in the best possible way, of the 
geographic extension of the alleged infringement and 
explanation of the degree to wh ich trade among member 
states is being affected due to the alleged infringements.  
(4) Details of the  alleged infringement and proof  
(i) Detailed indication of all the facts which show and/or 
prove infringement of sections 3 and/or 6 of the Protection of 
  
 
63 Compet ition Law and/or Articles 10 TFEU and/or 102 TFEU . 
(ii) Granting of every information available on the 
agreements, decisions or practices or concerted  practices of the 
undertakings or associations of undertakings against whom the 
complaint is being lodged ( i.e., text of the agreement, minutes of 
the meetings or negotiations, terms of transactions, business  
documents, circulars, correspondence etc.).  
(iii) Submission of statistical or  other data which are in the 
possession of the person lodging the complaint and which 
are relevant to the facts under dispute ( i.e., changes in 
prices, quantities, reductions, technical development, 
entrance bars etc.).  
(iv) Submission of names and addresses of the persons 
who intend to be summoned as witnesses in order to testify 
in relation to the facts under dispute, as well as of the 
persons who have been affected by the alleged 
infringements.  
(5) Legitimate interest  
The person lodging the complaint must  state in detail the way 
he has been affected and/or may  be affected by the alleged 
infringements and whether he is justified to lodge the complaint.  
A solemn statement that all the information sta ted in the 
complaint are true.  
Date and signature.