The Ministry supports the proposal to extend the Competition Council’s advisory functions, but does not believe that it is appropriate to suspend the enforcement of fines in the course of litigation.
"Transparent and fair competition is essential for a strong economy. Therefore, by extending the competences of the Competition Council, we will enable businesses to better understand market rules and at the same time ensure more effective supervision of competition law requirements," said Lukas Savickas, Minister of the Economy and Innovation.
The Ministry notes that the new function of the Competition Council - to provide advice to businesses and the public sector - will help market participants to better understand competition rules and contribute to a more transparent business environment. In order to ensure the effective implementation of this function, it is planned to strengthen the expert potential of the Competition Council by hiring two additional specialists. Preliminary estimates suggest that their salaries would amount to approximately €198,000 over three years, with an additional €7,000 for the installation of the workstations. Due to these financial requirements, it is proposed that the new function of the Competition Council should not enter into force before 2026.
On the other hand, the proposal to suspend the enforcement of fines and interest pending litigation raises risks. Such a provision could allow delays in the payment of fines or even the avoidance of liability, which would weaken the enforcement of competition rules. The Ministry underlines that in most EU Member States fines imposed by competition authorities are enforced irrespective of the legal dispute - if a company disagrees with the decision, it can appeal to the courts, but this does not automatically stop the process of paying the fine.
Moreover, the current legal framework already provides effective means for economic operators to protect their interests and offers sufficient safeguards. According to the Law on Competition, the courts may postpone the payment of a fine or suspend the execution of a decision of the Competition Council for justified reasons. In addition, undertakings that have been found by the Competition Council to have violated the provisions of the Law on Competition and that are unable to pay the fine within three months from the date of its imposition have the possibility to take out a financial guarantee or indemnity insurance. This allows for a temporary suspension of the payment of the fine and protects companies from disproportionate consequences.
