SECTION 6INFRINGEMENTS AND PENALTIES

Article 13Infringements

Where the F1CAA, acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation, it may by decision require the undertakings or associations of undertakings concerned to bring such an infringement to an end. Investigations regarding possible infringements of this Regulation shall fully take into account the results of any F2investigation of matters covered by Chapters I or II of the Competition Act 1998.

Article 14Powers of investigation

In order to carry out the duties assigned to it by this Regulation, the F3CAA may, by simple request or decision, require undertakings or associations of undertakings to provide all necessary information, including the provision of specific audits notably on issues covered by Articles 4, 7, 10 and 11.

Article 15Fines

1.

The F4CAA may, by decision, impose on undertakings and associations of undertakings fines not exceeding 10 % of the total turnover in the preceding business year where, intentionally or negligently, they infringe this Regulation.

2.

The F5CAA may, by decision, impose on undertakings and associations of undertakings fines not exceeding 1 % of the total turnover in the preceding business year where, intentionally or negligently, they supply incorrect or incomplete information or do not supply information within the required time limit in response to a request made by a decision adopted pursuant to Article 14.

3.

In fixing the amount of the fines, regard shall be had both to the gravity and to the duration of the infringement.

4.

Fines shall not be of a criminal nature.

5.

The F6High Court shall have unlimited jurisdiction to review decisions whereby the F7CAA has imposed a fine. It may cancel, reduce or increase the fine.

Article 16Procedures

1.

Before taking decisions pursuant to Articles 13 and 15, the F8CAA shall issue to the undertakings or associations of undertakings concerned a statement of objections and give them an opportunity to submit their views in writing and, if they so request, at an oral hearing.

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3.

Where the F8CAA considers that on the basis of the information in its possession there are insufficient grounds for acting on a complaint, it shall inform the complainant of its reasons and set a time limit within which the complainant may make known its views in writing.

If the complainant makes known its views within the time limit set by the F8CAA and the written submissions made by the complainant do not lead to a different assessment of the complaint, the F8CAA shall reject the complaint by decision. If the complainant fails to make known its views within the time limit set by the F8CAA, the complaint shall be deemed to have been withdrawn.

Where the F8CAA issues a statement of objections, it shall provide the complainant with a copy of the non-confidential version and set a time limit within which the complainant may make known its views in writing.

4.

If so requested, the F8CAA shall grant access to the file to the parties to whom it has addressed a statement of objections and to the complainant. Access shall be granted after the notification of the statement of objections. The right of access to the file shall not extend to business secrets, other confidential information and internal documents of the F8CAA.

5.

If the F8CAA considers it necessary, it may hear other natural or legal persons.