Commission for Protection of Competition
The Commission to the National Competition Authority of Paraguay presents its working method

kzkThe Commission for the Protection of Competition and the National Competition Commission of Paraguay (CONACOM – Comisión Nacional de la Competencia) held a joint online session where representatives of the Commission presented the working method related to the independent detection of cartels without relying on the leniency program,notifications or cooperation with other authorities.

Officials and representatives of the Paraguayan authorities were explained the cartel detection method developed by the Commission and were familiarized with its practice regarding the detection and proof of concerted practices as a type of restrictive agreement.

The collaboration took place during the 22nd annual conference “Global Competition Forum” Organization for Economic Cooperation and Development (OECD) held in Paris, where CONACOM officials expressed interest in the method presented by the Commission for the Protection of Competition.

A member of the Council of the National Competition Commission of Paraguay, Eduardo Barros, expressed his gratitude to the Commission for the presentation held to CONACOM employees.

The Commission Imposed a Competition Protection Measure With the Application of the “Leniency Program”

kzkCommission for Protection of Competition determined that companies KTG Solucije and Eco Sense Subotica with seat in Subotica agreed on the terms of participating in several public procurements procedures that were related to the procurement of cleaning products, thus concluding a restrictive agreement.

The Commission, through the Public Procurement Office, learned that KTG Solucije, as the bidder in certain public procurement procedures withdrew from the bids, thereby the contracting parties concluded the agreements with second-ranked bidder, Eco Sense, but, with higher prices compared to the ones offered by KTG Solucije. The subject of disputable public disputes were materials and products for cleaning buildings.

In addition to information on withdrawal from bids, the Commission, through the analysis of IP addresses (Internet Protocol Address) from which KTG Solucije d.o.o. and Eco Sense d.o.o. accessed the Public Procurement Portal in the said public procurement procedures, whether to download tender documents or submit bids, concluded that both companies almost always accessed from identical IP addresses. Results of IP address analysis point to the fact that both companies accessed the Public Procurement Portal almost always from devices that were connected on the same internet network, possibly from the same device.

Protection competition measures were imposed to the participants in a restrictive agreement, which was reduced for KTG Solucije due to the fact it used the “leniency program”, in line with Article 69 of the Law. The significance of this case is that this is the first case in which the Commission determined fulfilment of conditions to reduce the obligation of monetary amount payment related to competition protection measure based on the notification of the participant in restrictive agreement submitted during the procedure, that is, after it has been initiated.

The Commission’s Guidelines have been nominated for the Antitrust Writing Awards

kzkThe Commission for Protection of Competition’s Guidelines for Drafting Competition Compliance Programs, with the Template Competition Compliance Program accompanying the Guidelines and two Competition Checklists for assessing exposure of undertakings to risks of competition infringements, have been nominated this year for the Antitrust Writing Awards, organized by Concurrences and George Washington University. The aim of the Antitrust Writing Awards is to promote competition scholarship and contribute to competition advocacy in the legal and economic fields.

The publication in English is nominated in the section of the best Soft Laws & Studies of competition authorities in the subcategory “Europe”. The Commission is in the same category with the European Commission and competition authorities of the UK, France, Austria, Hungary, Portugal, Spain, the Netherlands, Lithuania and Turkey.

The “Best Soft Laws & Studies” selection aims to contribute to developing antitrust culture and awareness. It seeks to support international antitrust advocacy by drawing attention to the most meaningful non-enforcement documents published by competition agencies such as guidelines, market studies, etc. It aims at singling out some of the most interesting administration practices that could be usefully applied more generally.

As in previous years, the nominations are evaluated by a jury composed of leading antitrust enforcers, academics, and counsel and at the same time there is an audience vote.

Students of the Faculty of Law visiting the Commission

kzkThe Commission for the Protection of Competition in cooperation with the Student Association for International Cooperation (SAIC) of the Faculty of Law of the University of Belgrade organized a student visit to the Commission.

The academics had the opportunity to be acquainted with the basic principles of competition protection policy and to gain direct insight into the work and functioning of the Commission.

By organizing such student visits, the Commission aims to raise interest and motivate students to engage in competition protection throughout their academic work, as well as to find interest in this field for a potential professional career.

With eleven years of existence, over 2,000 members and with over 1,000 projects implemented, SAIC has helped students in pursue of their further professional path.

The Commission presented its work method at the 22nd annual conference of the OECD called “Global Forum on Competition”

kzk The Commission for the Protection of Competition participated in the 22nd annual conference “Global Forum on Competition”, which is traditionally organized by the Organization for Economic Cooperation and Development (OECD), at its headquarters in Paris.

Upon a special invitation of the OECD, within the panel “Alternatives to the Leniency Programmes”, the Commission’s work method was presented, which refers to the proactive independent detection of cartels without relying on the leniency program, reports or cooperation with other authorities. The presentation attracted considerable attention from the representatives of the competition protection authorities present and was accompanied by questions, discussion and positive evaluations.

To this year’s conference, which took place from December 7 to 8, 2023, guests from around 110 competition protection authorities and international organizations were invited, and the topics were: “From globalization to regionalization”, “Alternatives to the leniency programmes”, “Using economic evidence in cartel cases” and “Ex-post evaluation of measures imposed in merger investigation procedures”

The conference represented a good way of connecting the Commission with representatives of competition protection authorities from all over the world and directly presenting the work of the Commission in an international framework.