Questions and Answers
All decisions and rulings of the CPC are published in the electronic register of the Commission. Access to the register is continuous and does not require registration.
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Any person whose interests are affected or threatened by a violation of the LPC may, pursuant to Art. 38, para. 1, item 3 of the law, to submit a request for initiating proceedings before the CPC for establishing the violation. The request must contain all the details specified in Art. 71, para. 1 of the LPC, as well as to be submitted according to a form approved by the Commission and published on its website (the so-called “Request” form). If the request is regular, the CPC initiates proceedings, within which it conducts an investigation into the allegations set out therein.
Any interested person or candidate in a public procurement procedure may file a complaint to the CPC, pursuant to Art. 120 of the Public Procurement Act, regarding the legality of the decision of the contracting authority under the procedure, including the existence of discriminatory economic, financial, technical or qualification requirements in the notice, documentation or in any other document related to the procedure. The actions or inactions of the assignor, which prevent the access or participation of persons in the procedure, are also subject to appeal in this order. The complaint must meet the requirements of Art. 121 of the Public Procurement Act. and is submitted simultaneously to the CPC and to the assignor, whose decision, action or inaction is appealed.
The term for ruling of the CPC depends on the type of the respective proceedings. In the proceedings under the Public Procurement Act, the Commission shall rule on the appeal within 1 month from the initiation of the proceedings. When a request is made in the appeal for imposition of a temporary measure "suspension of the procedure", the CPC shall rule within 7 days from the initiation of the proceedings. And when the contracting authority has requested admission of preliminary execution of its decision to determine the contractor, the CPC shall rule within 3 days of receiving the request of the contracting authority.
In the proceedings for establishing a violation under the LPC, the term of ruling depends on the subject of the investigation in the proceedings. If the subject of investigation is a possible violation of Ch. VII of the LPC "Unfair Competition" CPC rules with a decision within 2 months of the initiation of proceedings, and in cases of factual and legal complexity, this period may be extended by 30 days. If the subject of investigation is a possible violation of Ch. III and ch. IV of the LPC, there is no legal deadline for the CPC to rule, as these proceedings are usually characterized by increased factual and legal complexity, which determines the term of investigation in each case.
When the Commission establishes a violation under the LPC and imposes a sanction on the violator, in its decision it usually decrees the termination of the violation. In case the sanctioned enterprise continues its participation in the established violation after the CPC decision enters into force, the Commission is competent to issue a new decision imposing a property sanction on the respective enterprise for non-compliance with its initial decision of up to 10% of the annual its turnover for the previous financial year, as well as periodic pecuniary sanction of up to 5% of its average daily turnover for the previous financial year for each day of non-compliance with the CPC decision until the day of termination of the violation.
The guilty person owes compensation for the damages caused as a result of violations under the LPC. All natural and legal persons who have been harmed are entitled to compensation, even if the infringement was not directed directly against them. Claims for compensation are filed under the Code of Civil Procedure. The effective decision of the Supreme Administrative Court (SAC), which confirms the decision of the Commission to establish a violation of the law, is binding on the civil court as to whether the decision of the CPC is valid and lawful. The decision of the commission, which has not been appealed or the appeal against it has been withdrawn, is also binding on the civil court as valid and lawful. In these cases, the right to claim compensation is extinguished within 5 years from the entry into force of the decision of the SAC court or the decision of the Commission.
The proceedings before the CPC are a set of procedural actions of the Commission, the parties and other participants in the proceedings, aimed at collecting and verifying evidence on the subject of the respective investigation. In the studies under the LPC the Commission exercises its powers under Art. 45 of the law, namely: requires information and material, written, digital and electronic evidence, regardless of the medium on which they are stored; takes oral or written explanations; performs on-site inspections; assigns the performance of expertises by external experts; requires information or assistance from other national competition authorities of the Member States of the European Union as well as from the European Commission.
Commission meetings are open and closed. The parties and other participants in the proceedings are summoned for the open sessions, and only the members of the CPC staff participate in the closed sessions. External experts who have submitted an expert opinion, as well as other persons, state bodies and local self-government bodies, may be summoned to an open meeting at the Commission's discretion. Open meetings shall, as a general rule, be public, unless the Commission considers that there are reasonable grounds for protecting the public interest or protecting a commercial, industrial or other secret protected by law, which is why the meeting is held in camera.
The respondent party, against whom the Commission has filed allegations of a violation of the LPC, may propose to undertake obligations to achieve a cessation of the conduct in connection with which the proceedings were instituted. The Commission evaluates the proposed obligations in accordance with the Rules adopted by it for consideration of proposals for commitments under the LPC and may approve these obligations with a decision. In this case, the commission terminates the proceedings without finding a violation, ruling that there are no longer grounds to continue the proceedings. With the decision, the Commission may also determine the duration of the commitments. The Commission cannot take a decision on commitments in the event of a serious breach of the law.
Property sanctions and fines imposed on the basis of effective decisions of the commission are public state receivables and are collected in favor of the national budget.
Any person may file a report of a violation of the LPC in writing, in person or through an authorized representative, fax or e-mail, which is registered in the Commission's office. The signals may be used at the discretion of the Commission to initiate self-referral proceedings. According to anonymous signals, no proceedings have been instituted before the CPC.