Closure of proceedings due to acceptance of commitments
Within three months of being notified of the opening of an investigation, undertakings may propose commitments intended to eliminate the anti-competitive profiles that triggered the investigation. After evaluating their suitability by means of market testing, the Antitrust Authority may make such commitments mandatory and terminate the proceedings without ascertaining a violation. If the commitments are not honored, the Antitrust Authority may then inflict pecuniary administrative fines for up to 10% of turnover.
Abuses of dominant position and agreements restricting competition are eligible for the closure of proceedings due to the acceptance of commitments. In conformity with Community principles, the Antitrust Authority generally does not accept commitments for agreements if the violation consists of a horizontal agreement that fixes prices or quantities or that divides up the markets (a.k.a. h Salva ard core agreements).
