[ParlTrack]

Proposal for a directive
Recital 12 a (new)

(12a) The protection of the confidentiality of communications between lawyers, which includes both external lawyers and in-house counsel, and clients is an essential corollary to the full exercise of rights of defence, as established by the case law of the Court of Justice of the European Union. Therefore, NCAs should at least respect the confidentiality of written communications between lawyers and clients, provided that such communications are made for the purposes, and in the interest, of the client's rights of defence in competition proceedings and that they emanate from independent lawyers. Such confidentiality obligation should not prevent a client from disclosing written communications between lawyer and client if the client considers that it is in its interest to do so.

2017/11/06
Committee: ECON

Fulvio MARTUSCIELLO, Lara COMI

Proposal for a directive
Recital 33

(33) Experience has shown that associations of undertakings regularly play a role in competition infringements and NCAs should be able to effectively fine such associations. When assessing the gravity of the infringement in order to determine the amount of the fine in proceedings brought against associations of undertakings where the infringement relates to the activities of its members, regard should be had to the sum of the sales by the undertakings that are members of the association of goods and services to which the infringement directly or indirectly relates. In order to ensure effective recovery of fines imposed on associations of undertakings for infringements that they have committed, it is necessary to lay down the conditions on which NCAs may require payment of the fine from the members of the association where the association is not solvent. In doing so, NCAs should have regard to the relative size of the undertakings belonging to the association and in particular to the situation of small and medium-sized enterprises. Payment of the fine by one or several members of an association is without prejudice to rules of national law that provide for recovery of the amount paid from other members of the association.deleted

2017/11/06
Committee: ECON

Fulvio MARTUSCIELLO, Lara COMI

Proposal for a directive
Article 3 – paragraph 1 a (new)

Member States shall ensure that national competition authorities respect at least the confidentiality of written communications between clients and their lawyers, which includes both external lawyers and in- house counsel, provided that such communications are made for the purposes, and in the interest, of the client's rights of defence in proceedings for the enforcement of Articles 101 and 102 TFEU and that the communications emanate from independent lawyers.

2017/11/06
Committee: ECON

Fulvio MARTUSCIELLO, Lara COMI

Proposal for a directive
Article 13 – paragraph 2

2. Member States shall ensure that, when a fine is imposed on an association of undertakings taking account of the turnover of its members and the association is not solvent, the association is obliged to call for contributions from its members to cover the amount of the fine. Where necessary to ensure the full payment of the fine, Member States shall ensure that national competition authorities are entitled to require the payment of the outstanding amount of the fine by any of the undertakings whose representatives were members of the decision-making bodies of the association. To the extent that it is still necessary, national competition authorities shall also be entitled to require the payment of the outstanding amount of the fine by any of the members of the association which were active on the market on which the infringement occurred. However, payment shall not be required from those members of the association that did not implement the infringement and either were not aware of it or have actively distanced themselves from it before the investigation started.deleted

2017/11/06
Committee: ECON

Fulvio MARTUSCIELLO, Lara COMI

Proposal for a directive
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~~not above 10% of its total ~~worldwide~~ turnover in the business year preceding the decision.

2017/11/06
Committee: ECON

Fulvio MARTUSCIELLO, Lara COMI

Proposal for a directive
Article 14 – paragraph 2

2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at a level below 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.deleted

2017/11/06
Committee: ECON

6 Amendments of Fulvio MARTUSCIELLO related to 2017/0063(COD)

ParlTrack - 2011-2024