Competition Law at Cyprus

Competition Law in Cyprus

Cyprus’ competition law framework is aligned with the European Union’s competition rules, as Cyprus is an EU member state since 2004. The primary legislation governing competition is the Control of Concentrations between Undertakings Laws, 2008 to 2021 and the Law on the Control of Restrictive Practices and Abuse of Dominant Position, 2008 to 2021. These laws operate alongside EU competition regulations and are enforced by the Commission for the Protection of Competition (CPC) in Cyprus.

Key Features of Cyprus Competition Law:

Prohibition of Anti-Competitive Agreements
Agreements or concerted practices that prevent, restrict, or distort competition within Cyprus are prohibited, including:

Price fixing

Market sharing

Production limitations

Bid rigging
Both horizontal and vertical agreements are covered, consistent with Article 101 of the Treaty on the Functioning of the European Union (TFEU).

Abuse of Dominant Position
It is illegal for a dominant undertaking to abuse its position by:

Imposing unfair prices or trading conditions

Limiting production or technical development

Discriminating between trading partners
This follows Article 102 of the TFEU.

Merger Control

Mergers, acquisitions, and joint ventures that meet specific turnover thresholds must be notified to the CPC for approval before completion.

The CPC assesses whether the concentration would significantly impede competition.

Enforcement and Sanctions

The CPC has investigatory powers including inspections and requests for information.

Breaches can result in fines up to 10% of the undertaking’s worldwide turnover.

Decisions of the CPC can be appealed in the Cyprus courts.

Leniency and Immunity Programs
The CPC provides leniency to undertakings that voluntarily disclose cartel involvement, potentially reducing or eliminating fines.

Alignment with EU Law
Cyprus competition law works in harmony with EU competition law. The CPC cooperates with the European Commission and other national competition authorities.

Summary Table:

AspectCyprus Competition Law Highlights
Governing LawsControl of Concentrations Law; Restrictive Practices Law
Enforcement AuthorityCommission for the Protection of Competition (CPC)
Anti-Competitive AgreementsProhibited (price fixing, market sharing, etc.)
Abuse of DominanceProhibited (unfair pricing, discrimination, etc.)
Merger ControlMandatory notification & review for qualifying deals
PenaltiesFines up to 10% of global turnover
EU Law AlignmentFully harmonized with EU competition rules

 

LEAVE A COMMENT

0 comments