Kit Sumal Agent _VERIFIED_

Kit Sumal Agent _VERIFIED_

%e6%9c%aa%e5%88%86%e9%a1%9e - - Kit Sumal Agent _VERIFIED_


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Kit Sumal Agent

With this procedure, in addition to the interconnection, the system can also be used in the following situations:

  • To search for infringements in relation to prices of provisions of the TVC II and to intervene with the relevant authority (online or offline), using the relevant warning signals. As an incentive to the authorized user, the system provides the opportunity to enter a warning to the tariff administrator if the sumal agent sent a warning to the tariff administrator, and that the sumal agent received such warning. In addition, the SUMAL system provides the opportunity to take action against the tariff administrator, the TVC II authority or the operator according to the regulation. The sumal agent reminds the tariff administrator and the operator of the provisions and/or behaviour subject to third party intervention.
  • For the provision of regulatory units of the SAC, as well as the provision of services in the domain of multi-media.
  • To provide the opportunity to call companies on the market for the introduction of certain provisions or behaviour subject to the application of anti-competitive conduct or unfair commercial practices or market abuse.
  • For a tariff or provider to alert (online or offline) the competent TVC II authority regarding the existence of certain provisions or behaviour subject to third party intervention. In this case, there is no possibility to send a warning.
  • To provide support to the TVC II authority to detect and punish those which breach the provisions of the SAC. The tariff administrator may also be aware that his/her tariff was engaged in a cartel. The tariffs will have to submit the terms of collusion and the number of infringements which have been notified to the television authority (online and offline).
  • To provide support to the TVC II authority in the detection and punishment of the infringements carried out by suppliers. For this purpose, tariffs will have to identify the infringements which are or have been made by the suppliers and the relevant ruling on the tariff.
  • To flag to the EU Vademecum specific tariffs which breach the provisions of SAC, including the tariffs of TVC. In this case, there is no possibility to send a warning.

Thirdly, the Sumal judgment involves some subtle but important changes of the practice of administrative proceedings. The ECJ explicitly mentions that where the public prosecutor has not made out a case as to the existence of an infringement, the mere knowledge of infringement by a victim company does not automatically lead to a prosecution. Therefore, the public prosecutor must always check whether a case exists as to the existence of an infringement. This check is obviously much more demanding in light of the ECJs reinterpretation of the concept of economic unit. These findings will change the way in which administrative proceedings are conducted. This is not to say that the structure of today s administrative law will be erased or even fundamentally changed. Nonetheless, the ECJ has made a constructive contribution to the equality between economic units and the public prosecutor. To conclude, Sumal will undoubtedly open the door for a wave of similar questions of a technical nature for administrative proceedings. However, it will hopefully also be a step towards a more stringent and credible examination of the case in which an innocent victim company is held liable for infringements of a group of companies belonging to the same economic unit. In sum, how the Sumal Judgment affects the future of antitrust proceedings is yet to be seen.
According to the much-anticipated Sumal judgment, an innocent subsidiary is not deemed to be part of an economic unit consisting of all companies controlled by an alleged cartel victim. Even though the Court focuses on the economic, the Court also uses some of the legal analysis in deriving the concept of economic unit. This is in line with the Court of Justice of the European Union 2016 Annual Report, where the Court refers to two recent judgments of the Court and cites the respective case law in the background.
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