12 Amendments of Alfred SANT related to 2017/0063(COD)
Amendment 85 #
Proposal for a directive
Recital 25
Recital 25
(25) Experience shows that business records may be kept in the homes of directors or other people working for an undertaking, especially with the increased use of more flexible working arrangements. In order to ensure that inspections are effective, national administrative competition authorities should have the power to enter any premises, including private homes, where there is a reasonable suspicion that business records are being kept which may be relevant to prove a serious violation of Article 101 or Article 102 TFEU. The exercise of this power should be subject to the prior authorisation of a judicial authority. This does not prevent Member States from entrusting the tasks of a national judicial authority to a national administrative competition authority acting as a judicial authority, in cases of extreme urgency.
Amendment 106 #
Proposal for a directive
Recital 36
Recital 36
(36) The differences between leniency programmes at Member State level alsocan in some cases jeopardise the level playing field for undertakings operating in the internal market. It is therefore appropriate to increase legal certainty by reducing these differences.
Amendment 148 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have the human, financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2. The Commission should provide the needed technical assistance upon the request of the respective NCA.
Amendment 163 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that if a reasonable suspicion exists that books or other records related to the business and to the subject matter of the inspection which may be relevant to prove a serious violation of Article 101 or Article 102 TFEU are being kept in any premises other than those referred to in Article 6, land or means or transport, including the homes of directors, managers, and other members of staff of undertakings and associations of undertakings, national administrative competition authorities may conduct unannounced inspections in such premises, land and means of transport.
Amendment 173 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure that national administrative competition authorities may by decision requiredemand undertakings and associations of undertakings to provide all necessary information for the application of Articles 101 and 102 TFEU within a specified time limit. This obligation shall cover information which is accessible to the undertaking and association of undertakings.
Amendment 178 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that national administrative competition authorities acting on their own initiative may by decision order the imposition of interim measures on undertakings at least in cases where there is urgency due to the risk of serious and irreparable harm to competition and on the basis of a prima facie finding of an infringement of Article 101 or Article 102 TFEU. Such a decision shall apply for a specific period of time and may be renewed in so far that is necessary and appropriate. The European Competition Network is to be duly informed of such measures and their progress.
Amendment 204 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be set at a level below 10% of its total worldwide turnover i10% of its relevant turnover in the Member State where the infringement took place based on the business year preceding the decision.
Amendment 220 #
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall aim at ensureing that immunity can be granted only if the undertaking
Amendment 226 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that a reduction of fines is granted only ifwhen the conditions laid down in Article 18 are fulfilled and the applicant discloses its participation in a secret cartel and provides the national competition authority with evidence of the alleged secret cartel which represents significant added value for the purpose of proving an infringement of Article 101 TFEU or a corresponding provision under national law, relative to the evidence already in the national competition authority’s possession at the time of the application.
Amendment 227 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) it ended its involvement in the alleged secret cartel immediately following its application, or made clear its plans to end its involvement, except for what would, in the competent national competition authority’s view, be reasonably necessary to preserve the integrity of its investigation;
Amendment 230 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
A collaboration system between the NCAs, the ECN, and the Commission’s translation department should be established where assistance in the translation of documents and correspondence in such situations is needed
Amendment 232 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. A collaboration system between the NCAs, the ECN, and the Commission’s translation department should be established where assistance in the translation of documents and correspondence in such situations is needed