Competing fairly - Cyprus
Updated 10/2009
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Legal requirements
The Protection of Competition Act provides the legal basis for competition issues.
More specifically, in combination with the Control of Concentration of Enterprises Act, it lays down the regulatory framework for maintaining effective competition within the Cypriot market and creating the required conditions to offer consumers cheaper and better quality goods and services.
As far as competition is concerned, no additional obligations are imposed on foreign investors who come to Cyprus.
Anti-trust regulations
Examples of unfair competition contrary to a healthy competition are the agreements made between two or more companies, concerted practices, abuse of market dominance and abuse of economic dependence.
Agreements
All agreements between companies which result in restraining competition, as in cases where this practice has resulted in the direct on indirect fixing of unfair prices, limiting production, distribution, or investment etc. to the detriment of consumers.
Abuse of dominant position
Any abuse of dominant position by an undertaking in a dominant position in all or part of the domestic market for a product is forbidden. Some companies are consequently put in a disadvantageous position in comparision to its competitors.
Other types of unfair competition
The abuse of economic dependence which mainly concerns the sudden and unjustified interruption of long-term business relationships is also forbidden.
National competition authorities
The Commission for the Protection of Competition (CPC) oversees competition issues in Cyprus.
The CPC has sole responsibility for preserving free and unfettered competition in all sectors of the economy, with the aim of achieving economic development and progress, protecting consumer interests and safeguarding a competitive Cypriot market.
The CPC has the power to impose financial penalties. Flouting a CPC decision constitutes a criminal offence punishable with a prison sentence of up to two years and/or a financial penalty of as high as €340.000.
The Competition and Consumer Protection Service of the Ministry of Commerce, Industry and Tourism aims to achieve continuous alignment with EU legislation and improve competition conditions in the market of Cyprus through relevant research and the existence of price observatories.
Strict provisions govern company mergers
Administrative procedures
Merger notification
Mergers should be notified to the Commission for the Protection of Competition. Legislation provides for the existence of mechanisms to prevent the creation or enhancement of any dominant position enjoyed by one or more companies, giving priority to prevention.
Litigation
Anyone can report a violation of the Protection of Competition Act in writing to the CPC, disclosing all information listed in the appendix of the Act so that the CPC can investigate the submitted complaint.
Programmes
The CPC has drawn up a fine discount and immunity plan to encourage complaints about illegal joint ventures and/or illegal cartels for their detection and elimination.
Check also the legislation on this topic in:
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European Union
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Austria
deen
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Belgium
enfrnl
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Bulgaria
bgen
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Cyprus
elen
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Czech Republic
csen
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Denmark
daen
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Estonia
enet
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Finland
enfi
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France
enfr
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Germany
deen
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Greece
elen
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Hungary
enhu
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Ireland
en
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Italy
enit
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Latvia
enlv
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Lithuania
enlt
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Luxembourg
enfr
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Malta
en
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Netherlands
ennl
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Norway
enno
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Poland
enpl
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Portugal
enpt
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Romania
enro
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Slovakia
ensk
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Slovenia
ensl
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Spain
enes
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Sweden
ensv
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United Kingdom
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