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Notwithstanding the rules provided for in general labour law regulations, officers who fall into non-compliance of their duties and obligations may be sanctioned

Dans le document HANDBOOK ON COMPETITION LEGISLATION (Page 138-141)

SECTION I GENERAL PROVISIONS

Article 15.- Notwithstanding the rules provided for in general labour law regulations, officers who fall into non-compliance of their duties and obligations may be sanctioned

by the Tribunal with any of the following disciplinary measures: reprimand, censure in writing, a fine of up to one month’s salary, or suspension of employment for up to one month without remuneration.

Sanctions shall be agreed upon by majority vote of the Judges attending the session.

Article 16.- In the event of absence or impediment, the Secretary of the Tribunal shall be substituted by the most senior court clerk or, if not possible, by the Court clerk who holds the position immediately under him. The substitute shall take the same oath taken by the Secretary for the performance of this post, before the President of the Tribunal.

Article 17.- The Public Sector Budget Law shall consult annually, in a comprehensive manner, the resources necessary for the functioning of the Competition Tribunal. For these purposes, the President of the Tribunal shall communicate his budgetary needs to the Minister of Finance within the periods and in the manner established for the public sector.

The Tribunal shall maintain a bank account in its name against which the President and the Secretary may withdraw jointly.

Within the first fifteen days of January each year, the President and the Secretary of the Competition Tribunal shall render account of the expenses incurred before the Tribunal.

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In issues of financial, budgetary and accounting information, the Tribunal shall be governed by the provisions of State Financial Administration Law.

The Fiscal budget allocated to the Tribunal shall be approved by means of a resolution by the Government Budget Office.

2. Attributions and procedures

Article 18.- The Competition Tribunal shall have the following powers and duties:

1. To hear, upon request by any party or the National Economic Prosecutor’s Office, situations that could constitute violations of this law;

2. To hear, upon request by whoever has a legitimate interest, or by the National Economic Prosecutor, issues of a non-contentious nature that could violate the provisions of this law, regarding existing acts or contracts or those pending completion, for which purpose the Tribunal may set the conditions to be met by said acts or contracts;

3. To issue general instructions in accordance with the law, which shall be observed by individuals executing or entering into acts or contracts that are related to or that could infringe free competition;

4. To propose to the President of the Republic, through the relevant State Minister, the modification or derogation of any legal and regulatory precept that the Tribunal deems contrary to free competition, as well as the dictation of legal and regulatory precepts necessary for promoting competition or regulating the exercise of certain economic activities that are provided in non-competitive conditions; and

5. Any others provided by law.

Article 19.- The hearing and the ruling on cases referred to in subsection 1) of the above article shall be subject to the procedure regulated in the following articles.

Article 20.- The procedure shall be in writing, except for the hearing of the case, of a public nature and shall be conducted by the Tribunal up to the final decision. The parties shall appear before the Tribunal and be represented in the manner provided for in article 1 of law N.º 18.120, regarding court appearances.

The procedure may be initiated at the request of the National Economic Prosecutor or by a lawsuit filed by a private individual, which shall immediately be conveyed to the National Economic Prosecutor’s Office. The complaint or lawsuit shall contain a clear and precise account of the facts, acts or conventions that would infringe this law and indicate the market or markets that would be affected by the presumed violation. In the event that the complaint or

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lawsuit does not contain the above-mentioned requisites or any other of those required by article 254 of the Civil Procedure Code and other applicable regulations, the Tribunal shall grant the plaintiff or petitioner a term of three working days to rectify said omissions. Once this term has expired without the omissions being rectified, the Tribunal, by means of a grounded decision, may reject the lawsuit or request for proceedings. Once the Tribunal has decided to entertain the complaint or request, it shall notify so to the affected party, which may respond within a fifteen working days period or the longer term that the Tribunal establishes, which may not exceed thirty days.

Legal actions contemplated in this law are not enforceable after a period of three years has elapsed since the occurrence of the conduct on which they are based.

This statute of limitations is interrupted at the request of the National Economic Prosecutor or by private lawsuit, brought before the Tribunal.

The above notwithstanding, the statue of limitations to prosecute the conduct described in sub-section a) of article 3, shall be of five years, which shall not start running while the effects ascribed to such conduct persist in the market.

Likewise, measures imposed for preventing, correcting or penalizing a infringement to free competition will not be enforceable after a period of two years has expired since the final ruling. This statute of limitations is interrupted by precautionary or compulsive actions of the Tribunal, the National Economic Prosecutor or private plaintiff.

The statute of limitations on actions and measures that are imposed for preventing, correcting or penalizing an infringement of free competition, are not tolled in favour of any person.

Notwithstanding the general provisions, civil actions derived from a free competition infringement, cannot be initiated after a period of four years has elapsed since the Tribunal rendered its final decision.

Article 21.- The notice of a complaint or a lawsuit, with its respective resolution, shall be served on the defendant personally by a commissioner for oaths, together with a complete copy of the resolution and its basis. The Tribunal may instruct that only an excerpt of these documents be delivered.

The resolution that initiates the submission of evidence period shall be notified by substituted service. After 30 working days have elapsed since the issuance of the resolution without it having been served, the Tribunal shall proceed to notify it in accordance with paragraph four.

Final judgments must be served upon the parties personally or by substituted service.

All other resolutions shall be notified by any secure method that the parties agree upon, and alternatively by the Tribunal’s daily docket. In the event that

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they opt for electronic means, the notifications shall be signed by advanced electronic signature.

For the purpose of performing the proceedings set forth under this section, besides the Secretary of the Tribunal, the persons whom the President designates shall act as of commissioners for oaths.

Article 22.- After the term established in article 20 has expired, and whether or not the

Dans le document HANDBOOK ON COMPETITION LEGISLATION (Page 138-141)