Personal Liability for Anticompetitive Conduct in the Context of the Trade Agreement between EU and Colombia, Peru and Ecuador

17 Pages Posted: 4 Oct 2019

See all articles by Martin Krčmář

Martin Krčmář

Charles University in Prague - Faculty of Law

Date Written: October 2, 2019

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.

Keywords: agreement, competition, liability, individuals, anticompetitive conduct, EU, Colombia, Peru, Ecuador, sanctions

Suggested Citation

Krčmář, Martin, Personal Liability for Anticompetitive Conduct in the Context of the Trade Agreement between EU and Colombia, Peru and Ecuador (October 2, 2019). Charles University in Prague Faculty of Law Research Paper No. 2019/III/2 . Available at SSRN: https://ssrn.com/abstract=3464159 or http://dx.doi.org/10.2139/ssrn.3464159

Martin Krčmář (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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