How does the AdC set the amount of the fines imposed to undertakings?

The amount of the fines is determined by taking into account criteria such as:

• The seriousness of the infringement in terms of its effect on competition in the domestic market;
• The nature and size of the market affected by the infringement;
• The duration of the infringement;
• The degree of involvement in the infringement by the party concerned in the case;
• The advantages gained by the party concerned in the case in the prohibited practices stemming from the infringement, when such advantages can be identified;
• The behaviour of the party concerned in the case in the process of eliminating the prohibited practices and repairing the damage caused to competition;
• The economic situation of the company or business association;
• Previous administrative offences by the party concerned in the case involving an infringement of competition rules;
• The assistance given to the Competition Authority throughout the proceedings.

The imposed fine cannot exceed 10% of the turnover of the year immediately preceding the final decision issued by the AdC for each of the undertakings concerned or, in the case of associations of undertakings, the aggregate turnover of the associated undertakings (article 69, No. 2 of Law No. 19/2012).
The imposed fine for natural persons cannot exceed 10% of their annual income deriving from the exercise of their functions in the undertaking concerned, in the last full year when the prohibited practice occurred (article 69, no. 4 of Law 19/2012).
For more information on the methodology used in applying fines, access the Guidelines on the Methodology to be Used in the Application of Fines under Article 69, paragraph 8, of Law no. 19/2012, of 8 May.