Tuesday, November 12, 2019
Personal Liability for Anticompetitive Conduct in the Context of the Trade Agreement between EU and Colombia, Peru and Ecuador
Martin Krčmář, Charles University in Prague - Faculty of Law explores Personal Liability for Anticompetitive Conduct in the Context of the Trade Agreement between EU and Colombia, Peru and Ecuador.
ABSTRACT: This article concerns personal liability for anticompetitive conduct within the context of the Trade Agreement in question. Particularly, the purpose of this article is to provide an overview and a comparison of the regulatory standards in the affected jurisdictions. Despite certain efforts to further harmonize the rules which stipulate personal liability of individuals, the practices within the EU vary, and a single legislation which is applicable equally for all Member States has not been adopted. Unlike with the EU, the legislation of all three Andean signatories of the Trade Agreement, i.e. Colombia, Peru and Ecuador, allows for a specific sanction for anticompetitive conduct committed by the representatives of the companies concerned. Besides providing a description of the respective statutory rules, the author of this article aims to provide specific examples of the decision-making practices adopted by the competition authorities which have focused on identifying the attribution of company representatives’ conduct.