This report seeks to codify penalties for violation of competition laws from around the globe. Where possible, the competition law, itself, is the source for information penalties. In some circumstances, secondary sources (e.g., competition authority reports) were used to determine how a nation punishes infringements of its competition laws.
Imprisonment is only coded when it is a punishment for violation of anticompetitive practices. Imprisonment for failure to cooperate with competition authority proceedings or failure to pay fines was not included in this report.
|Albania||Y||N|| Art. 73-78 discuss fines.
Maximum one-time fine can be as much as 10% of "the total turnover of the preceding business year of each of the undertakings participating in the infringement" of the Act.
Periodic penalties can also be imposed, "... periodic penalty payments not exceeding 5% of the average daily turnover in the preceding business year which is calculated from the date the decision has been taken ..."
|Algeria||Y||N||The Commission has recommended a fine of 350,000 FF upon a firm abusing its dominant position, however, original text of the controlling statute could not be found.|
|Argentina||Y||N|| Article 46(b) imposes fines.
Fines range from 15,000 to 150,000,000 pesos.
|Armenia||Y||N|| Art. 36 imposes fines.
Abuse of a dominant position leads to a fine of up to 5000 times the baseline duty. Mergers resulting in abuses of dominant positions lead to fines of up to 4000 times the baseline duty. Failure to submit materials to the competition commission leads to fines up to 100 times the baseline duty.
|Australia||Y||Y|| TRADE PRACTICES ACT 1974 - SECT 76
Corporations can be fined up to $10,000,000 per infraction. Individuals can be fined up to $500,000 per infraction.
Failure to pay fines or cooperate with the enforcement agency can lead to imprisonment.
|Austria||Y||Y|| Fines can be imposed "up to a maximum amount of 10% of the gross income against an entrepreneur or an entrepreneur combination, a that or a those, obtained in the preceeding financial year, deliberately or negligently ..."
Collusive tendering constitutes a criminal offence under section 168b Criminal Code and is punishable by imprisonment of up to three years.
|Azerbaijan||Y||N|| Article 17
Maximum fine data could not be found. Also, could not find any cases of the competition authority (Department on Antimonopoly Policy of MED of the Republic of Azerbaijan) imposing any fines.
|Barbados||Y||Y||The competition authority can imposes fines and jail time for certain offenses.|
|Belarus||Y||N||The comptetition authority can impose fines.|
|Belgium||Y||N||"The Council may impose on each of the undertakings concerned fines not exceeding 10 % of their turnover determined in accordance with the criteria laid down in Article 46. The Council may also, by the same decision, impose penalty payments for noncompliance with its decision on a daily basis of maximum BEF 250,000 per undertaking concerned."|
|Bosnia and Herzegovina||Y||N||Individuals or firms can be fined "at most 10 (ten)% of value of its total annual income earned in the financial year preceding the year when the infringement is committed." Additionally, fines can range from "15.000 KM to 50.000 KM."|
|Brazil||Y||N|| Brazil uses Fiscal Reference Units (UFIR)
Companies are liable for, "a fine from one to thirty percent of the gross pretax revenue thereof as of the latest financial year, which fine shall by no means be lower than the advantage obtained from the underlying violation."
Individuals are liable for, "a fine from ten to fifty percent of the fine imposed on said company, which shall be personally and exclusively imposed on the manager."
If these cannot be calculated, companies and individuals are liable for 6,000 to 6,000,000 UFIR in fines.
Moreover, "Fines imposed on recurring violations shall be doubled."
If the individual or firm does not discontinue the illegal activity, they will be fined 5,000 UFIR daily - and this can be multiplied up to 20X.
|Bulgaria||Y||N|| Fines for companies range from BGN 5,000 to 300,000. If infractions continue, fines move-up to BGN 100,000 to 500,000. Failure to comply with a decision of the competition authority results in a fine of BGN 100,000 to 500,000.
Fines for individuals range from BGN 1,000 to 10,000. If infractions continue, fines move-up to BGN 2,000 to 20,000.
|Cameroon||Y||N|| Article 27 of Cameroon's competition statute discusses fines.
Competition violations may result in fines of up to 50% of a firm's Cameroon profits or 20% of its turnover.
|Czech Republic||Y||N||Article 22 governs the impositions of fines. The Office for the Protection of Competition may impose fines "up to CZK 10,000,000 or up to 10% of the net turnover achieved in the last expired accounting period."|
|Faroe Island ||?||?|
|France||Y||Y|| Article 420-6 of the French Commercial Code discusses competition penalties.
The statute provides for fines of up to 75,000 Euros and prison sentences of up to 4 years for competition violations.
Article 430-8 of the Commercial Code discusses penalties for unauthorized mergers.
The statute provides for fines to corporations of up to 5% of annual turnover, and for fines to individuals of up to 1.5 million Euros.
|Hong Kong ||?||?|
|Jersey, Channel Islands||?||?|
|Kazakhstan||Y||N|| Article 38 of the statute discusses penalties.
The statute permits fines up to the amount of the gain from monopoly.
|Macedonia||Y||N|| Articles 8-9 of the 2007 competition statute amendment discuss penalties.
The statute permits fines of up to 20,000 Euros or 10% of the company's annual income for serious violations.
|Malta||Y||N|| Article 21 of Malta's competition law discusses fines.
The statute provides for fines of up to 10% of annual corporate turnover for competition violations.
|New Zealand||y||N|| Sections 80-Section 89 of the Commerce Act discuss penalties.
Section 80 allows courts to impose fines up to the greater of $10M, or triple the profits accruing from the violation (if this can't be determined, 10% of corporate turnover).
|Panama||Y||N||Article 112 provides for fines imposed by the government of up to 1 million Balboas. Article 27 provides for treble damages and costs in civil actions.|
|Papua New Guinea||?||?|
|Russia||Y||N|| Federal Law No. 25-FZ discusses fines.
Chapter 14 of the statute provides for fines for corporations of up to 2% of annual corporate proceeds for competition violations. It also provides for fines for corporate officials.
|Saudi Arabia||Y||N||Articles 12-16 of the statute discuss penalties.
There is a fine of up to 5 million riyals for competition violations. Daily fines of up to 10,000 riyals may also accrue for violations.
|Serbia||Y||N|| Articles 71 and 72 of the 2005 Law on Protection of Competition discuss penalties.
The statute allow for fines of up to 10% of annual corporate income for serious violations.
|Trinidad and Tobago||Y||N|| Article 44 of the Fair Trading Act, 2006 discusses fines.
Violators of the act face fines of up to 10% of annual corporate turnover.
|United Arab Emirates||N||N|
- UN report, http://www.unctad.org/en/docs/c2emd11.pdf
- Link to statute: http://translate.google.com/translate?u=http%3A%2F%2Fwww.bwb.gv.at%2FBWB%2FGesetze%2FKartellgesetz%2Fdefault.htm&langpair=de%7Cen&hl=en&ie=UTF-8&oe=UTF-8&prev=%2Flanguage_tools (translated by Google)
- Link to statute: http://www.globalcompetitionforum.org/regions/asia/Azerbeijan/0526.pdf
- Bangladesh has no competition statute
- See Articles 7 and 8 of competition statute, http://www.commerce.gov.bb/Legislation/Documents/Fair%20Competition%20Act,%20Cap%20326C.pdf
- See Article 16(1) of competition statute, http://law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/4dd2237ccbd3b4e6c2256dc1002932c6?OpenDocument
- See Article 36 of competition statute, http://www.globalcompetitionforum.org/regions/europe/Belgium/leg1.pdf
- See Article 48 of competition statute, http://www.bihkonk.gov.ba/en/laws/low_on_competition_new.pdf
- See Article 23 of the competition statute, http://www.globalcompetitionforum.org/regions/s_america/Brazil/Legisla%E7%E3o%20Antitruste%20em%20ingl%EAs.PDF
- See Id. at Article 25
- See Article 59 of competition statute, http://22.214.171.124/system/storage/zak_en_1_119.doc
- See Article 60 of competition statute, http://126.96.36.199/system/storage/zak_en_1_119.doc
- statute available at http://www.spm.gov.cm/showtexte.php?idtexte=156&lang=en
- Does this country exist?
- English translation from Legifrance at http://188.8.131.52/code/liste.phtml?lang=uk&c=32&r=3096
- English translation available from Legifrance, at http://184.108.40.206/code/liste.phtml?lang=uk&c=32&r=3097
- Not a country
- See statute http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf
- Presumably South Korea. We should separate these out.
- See articles 8-9 of competition statute, http://www.kzk.gov.mk/images/Law%20Amending%20the%20Law%20on%20Protection%20of%20Competition%20(Official%20Gazette%20of%20Republic%20of%20Macedonia%20no.22-07).pdf
- Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf
- in Spanish, at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21081222~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
- English translation of statute available at http://www.fas.gov.ru/english/legislation/12479.shtml
- link to statute: http://www.commerce.gov.sa/english/moci.aspx?Type=8&PageObjectId=731
- statute available from Serbian Commission for Protection of Competition, at http://www.kzk.org.yu/?link=96&lang=1