The Office of the Regional Prosecutor today carried out searches and other measures to gather evidence and information regarding the alleged breaches of competition law by two companies in the waste services market. The investigation focuses on the alleged offences of the companies' employees and is based on a complaint from the Competition Authority.
Concurrent with the District Attorney's Office investigation into alleged offences by the companies' employees, the Competition Authority is investigating possible breaches by the companies concerned of the prohibition in Article 10. of the Competition Act No. 44/2005, prohibiting collusion between competitors on, among other things, the submission of bids in tenders and the division of markets.
The above-mentioned actions of the Office of the District Public Prosecutor were carried out in cooperation with the Competition Authority, as the provisions of Article 42 of the Competition Act permit cooperation and the exchange of information between the Office of the District Public Prosecutor and the Competition Authority.
The Competition Authority is not providing any further information at this stage.
Background information:
Under Article 41a of the Competition Act No. 44/2005, it is punishable for company employees with fines or imprisonment of up to six years if they carry out, encourage, or allow collusion between competitors. The offences are subject to investigation by the police following a preliminary investigation by the Competition Authority.
According to Article 37 of the Competition Act, it is an offence for an undertaking to breach the Competition Act, including the prohibition in Article 10 on unlawful cooperation.
Defended alleged breaches of competition law, both administrative fines against companies and criminal penalties against individuals, The Competition Authority assesses, taking into account the gravity of the infringement and law enforcement considerations, whether the part of the case concerning the criminal liability of an individual should be referred to the police, pursuant to Article 42 of the Competition Act.
In accordance with paragraphs 4 and 5 of Article 42 of the Competition Act, the Competition Authority is authorised to provide information and documents to the police and the prosecution authority, and to participate in police operations concerning the investigation of the aforementioned offences. Furthermore, the police and the prosecution authority are permitted to provide the Competition Authority with information and evidence that they have obtained and which relate to those breaches of the Act.
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