ADMINISTRATIVE OFFENCE

    ADMINISTRATIVE OFFENCE

    ADMINISTRATIVE OFFENCES AND ENVIRONMENTAL PLANNING 

     Administrative embargoes/precautionary measures/precautionary apprehension 
     Notification of the news Auto or participation/warning to the infringer 
     Defense presentation written by the infringer, evidentiary documents and witness bearing-15 working days 
     Application for reduction and phased payment of the fine 
     Definitive decision/lack of payment of the fine/debt certificate/execution process 
     Judicial challenge of the decision rendered by the administrative authority 
     Invocation of prescription 
     Judicial order or judgment issued by the court 
     Request for payment of the fine in installments 
     Interposition of Appeal appeals to the Court of the relationship by the defendant  National registration 

    LABOR COUNTER-ORDINATIONS 

     Auto News/participation/self-infringement 
     Defense presentation written by the infringer, evidentiary documents and witness bearing-15 working days 
     Condemment of the application of fine and/or ancillary sanctions 
     Application for payment of the fine in installments 
     Judicial challenge of the decision rendered by the administrative authority addressed to the competent labour court within 20 days, with a purely return effect/suspensory effect – Deposit of the fine value and the costs of the proceeding, 20 days, or Bank guarantee in the modality to the "first request" 
     Invocation of prescription 
     Request for opposition to the court's decision to be made by simple dispatch 
     Judicial order or judgment issued by the Labour Court 
     Appeal of appeals to the Court of the relationship by the defendant of the Judicial order or judgment issued by the Court of Labour 

    COUNTER-ORDINATIONS  OF SOCIAL SECURITY 

     News Auto/participation/self-infringement 
     Presentation of disputes by the offender, evidentiary documents and witness bearing-15 working days 
     Condemment of the application of fine and/or ancillary sanctions 
     Application for payment of the fine in instalments 
     Judicial challenge of the decision rendered by the administrative authority addressed to the competent labour court within 20 days, merely return effect/suspensory effect – Deposit of the value of the Cost of the process, 20 days, or bank guarantee in the modality to the "first request" 
     Invocation of prescription 
     Request for opposition to the court's decision to be made by simple dispatch 
     Judicial order or judgment issued by the Labour Court 
     Appeal of appeals to the Court of the relationship by the defendant of the Judicial order or judgment issued by the Court of Labour 

    TAX COUNTER-ORDINATIONS

     News Auto/Participation/denunciation/inspective action 
     Notification of News Auto 
     Presentation of defense written by the defendant, documents, witnesses and other evidentiary elements within 10 days 
     Decision to implement the fine and sanction by the administrative authority 
     Appeal of the decision to implement the fine by the administrative authority for the Court of first instance within 20 days to submit to the Tax office where the procedure for misdemeanor 
     Sentence 
     Interposition d And appeal of the judgment rendered by the Court of first instance to the Central Administrative Court 
     Interposition of appeal of the judgment given by the Court of first instance, exclusively on matters of law, for the tax litigation section of the Supreme Administrative Tribunal 
     Suspensory effect of appeal – provision of a guarantee within 20 days, unless it proves that it cannot provide, for insufficient economic means 

    COUNTER-ORDINATIONS FOR THE IRREGULAR EXERCISE OF ACTIVITY

     News Auto 
     Presentation of written defense, joint documents and presentation of witnesses. 
     Decision on the application of fine and sanctioning by the administrative authority. 
     Judicial challenge of the administrative decision addressed to the Court of the area where the infringement was found and sent to the administrative authority which delivered the decision. 
     Request for opposition to which the decision is issued by simple dispatch. 
     Sentence 
     Appeal appeal to the Court of the relationship of the judgment given by the Court of First instance. 
     Application for payment of the fine in installments 


    ROAD COUNTER-ORDINATIONS

     News Auto 
     Presentation of written defense, joint documents and presentation of witnesses within 15 days 
     Decision on the application of fine and sanctioning by the administrative authority 
     Judicial challenge of the administrative decision addressed to the Court of the area where the infringement occurred within 15 working days and sent to the administrative authority which delivered the decision 
     Request for opposition to the decision being issued by simple order  Judgment 
     Appeal appeal to the Court of the Judgment of the Court of First Instance  Effects of the appeal: payment of the fine – purely devolutional effect; Driving title Cassation – Suspensory effect 
     Application for payment of the fine in installments 

    COUNTER-ORDINATIONS RULES OF COMPETITION 

    Restrictive practices of competition (agreements, concerted practices and decisions of associations of undertakings/abuse of dominant position/abuse of economic dependence) 

    Sanctioning proceedings concerning restrictive practices 
     Request for information by the competition authority 

    Opening inquiry procedure 
    (Official competition Authority/complaint) 
     Inquiries, searches and seizures made by the competition authority authorised by the Public prosecutor or Judge of education 

    Transaction procedure in the investigation 
     Application to the competition authority where the applicant expresses its intention to initiate talks with a view to the possible submission of a transaction proposal 
     Submission of a transaction proposal 
     Rejection of the proposal for a transaction by the competition Authority – decision not liable to appeal 
     Acceptance of the transaction proposal by the competition authority – drafting a transaction draft 
     Confirmation by the survey that the transaction draft reflects the content of its proposals 
     Convolation of the transaction draft in a definitive judgment with the confirmation and payment of the fine imposed 
     Request to reduce the fine filing by imposing conditions in the investigation 
     Submission of commitments by the competition authority aimed at eliminating the effects on competition from restrictive practices 
     Publication on the CA's website and in two newspapers of higher national circulation of the proposed commitments so that interested third parties can pronounce within 20 days 
     Possibility of reopening the procedure within 2 years by the CA in case of non-compliance with the commitments assumed, false, inaccurate or incomplete information, or substantial alteration of the factual situation in which the decision to founded 

    Decision of the investigation 
     Decision of the competition authority to initiate instruction by notifying the notice of illegality to the target 
     Decision of the CA to archive the process 
     Decision of the AC to terminate the procedure, by a condensed decision, in a transaction procedure 
     Decision of the CA to file the process by imposing conditions 
     Interposition of appeal to the Court of Competition, regulation and supervision of the express decision to process archiving by the CA process instruction 
     Notification of the Ilicitude note to the target 
     Written pronation of the target for a period of not less than 20 days on the issues of the case, evidence and requesting complementary examinations of evidence and oral hearing 
     Proposal for a transaction lodged by the target, with confession and recognition of liability in the infringement in question 
     Rejection of the proposal for a transaction by the competition Authority – decision not liable to appeal 
     Acceptance of the transaction proposal by the competition authority – drafting a transaction draft 
     Confirmation by the survey that the transaction draft reflects the content of its proposals 
     Convolation of the transaction draft in a definitive judgment with the confirmation and payment of the fine imposed 
     Request to reduce the fine 

    Transaction procedure in the statement 
     Submission of a transaction proposal to the AC in response to the notification of the note of illegality, with the confession of the facts and the recognition of its liability in the infringement in question  Rejection of the proposal for a transaction by the competition Authority – of Fission not likely to appeal 
     Acceptance of the transaction proposal by the competition authority – drafting a transaction draft 
     Confirmation by the survey that the transaction draft reflects the content of its proposals 
     Convolation of the transaction draft in a definitive judgment with the confirmation and payment of the fine imposed 
     Request to reduce the fine 

    Archiving by imposing conditions in the survey 
     Submission of commitments by the competition authority aimed at eliminating the effects on competition from restrictive practices 
     Publication on the CA's website and in two newspapers of higher national circulation of the proposed commitments so that interested third parties can pronounce within 20 days. 
     Possibility of reopening the procedure within 2 years by the CA in the event of non-compliance with the commitments assumed, false, inaccurate or incomplete information, or substantial alteration of the factual situation in which the decision to be founded. 

    Final decision on instruction 
     The AC decides to declare the existence of a restrictive practice of competition and may be accompanied by admonition or application of fines and other sanctions and measures of conduct or structural character indispensable to the cessation of the Practi CE Restriction of competition and/or, where appropriate, to consider it justified 
     The AC profests conviction in transaction procedure 
     The AC decides to order the filing of the process by imposing conditions 
     The AC decides to order the filing of the process without conditions 
     Application for identification of confidential information classified as Business secrets 
     Application to request the submission of proceedings to the secret of Justice until the final decision of the proceedings 
     Request to withdraw the secret of justice 
     Application to request the consultation of the process and obtain extracts, copies or certitudes of the process 
     Precautionary measures in case of serious and irreparable injury, or difficult to repair for competition, with or without prior hearing of the target 

    Business merger operations 
     Prior notification of mergers of undertakings to the competition authority 

    Merger control procedure 
     Application to collect the documents and information requested by the competition authority in accordance with the approved form 
     Promotion in two national newspapers of the essential elements of the notification, so that third parties can pronounce within the period fixed and not less than 10 days 
     Hearing of the authors of the notification and the interested parties 
     Pronunciation by the regulatory authority of the activity sector 
     Decision of the Competition authority: the operation covered by the Merger control procedure is not found; Do not oppose the concentration of undertakings; Initiate an in-depth investigation  Official procedure 
     Invalidity of the legal business which counteracts the competition authority's decisions on merger operations 

    Opening of inquiry 
     Undertaking concentration of undertakings before having been the subject of a decision of non-opposition or prohibited by decision; 
     Failure to comply with conditions, obligations or measures imposed 
     Not providing information or providing false, inaccurate or incomplete information 
     Not cooperating with the AC or obstruction of the exercise of powers 
     The applicable procedural regime is, with appropriate adaptations, identical to that of the sanctioning procedure relating to restrictive practices, being subsidiary to the general regime of the illicit mere social order 

    Infringements and sanctions 
    Without prejudice to the criminal liability and administrative measures to which there is a place, they constitute administrative offenses punishable by the fine: 
     Agreements, concerted practices and decisions of associations of undertakings which have as their object or effect the purpose of preventing, distorting or restricting competition in a sensitive way to all or part of the national market 
     Abuse of a dominant position in the national market or in a substantial part of this 
     Abuse of economic dependence 
     Infringement of Articles 101 and 102 of the Treaty on the functioning of the European Union 
     Failure to comply with measures imposed under the filing of the investigation process by imposing conditions  Non-compliance with measures imposed under the Declaration of the existence of a restrictive practice 
     Failure to impose precautionary measures 
     Undertaking merger operations before having been the subject of a non-opposition decision, or which have been prohibited by decision 
     Disregard of conditions, obligations or measures imposed on undertakings by the Competition Authority 
     Failure to provide or provide false, inaccurate or incomplete information, in response to the request of the competition authority, in the use of its sanctioning powers 
     Failure to provide or provide false, inaccurate or incomplete information, in response to the request of the competition authority, in the use of the supervisory sanctioning powers and in the course of conducting studies, inspections and audits 
     Non-cooperation with the competition authority or obstruction of its exercise powers 
     The unjustified lack of attendance by a complainant, witness or expert, in due process to have been regularly notified 

    Jurisdictional Resources 
     Interposition of appeal of the final decision within 30 working days issued by the competition authority to the Court of Competition regulation and supervision, with a purely return effect, except in respect of decisions applying measures of Structural nature, the effect of which is suspensive 
     Application in the context of the appeal that it has a suspensive effect when the execution causes considerable injury and is offered to provide substitutive collateral in the case of decisions imposing fines or other penalties provided for in law  Interposition of Appeal of interlocutory decisions of the competition authority in a request to the public Prosecutor within 20 working days 
     Interposition of appeal of decisions of the competition authority which decrees precautionary measures in a request to the Public Prosecutor's Office within 20 working days 
     Request for opposition to which the court decides by simple dispatch, without hearing of judgment 
     Interposition of appeal of judgments and disorders of the Court of Competition, regulation and supervision for the Court of the Relationship

    Administrative procedures 
     Appeal of the competition authority's decisions in administrative proceedings and the Ministerial decision provided for in article 34 of the Statute of the Competition Authority for the competition Court, Regulation and Supervision, to be processed as a special administrative action, with a purely returnable effect, unless assigned to it, exclusively or cumulatively with other provisional measures, the suspensory effect by the decrement of provisional measures 
     Interposition of appeal of judgments given by the Court of Competition, regulation and supervision, in special administrative actions, to the Court of the relationship, unless the appeal only respects matters of law, in which case it is brought Directly to the Supreme Court of Justice, with a purely devolutional effect 
     Interposition of appeal of the decision rendered by the Court of the relationship, limited to the matter of law, to the Supreme Court of Justice, with a purely devolutional effect 
     

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