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Estonia · Law · SE

466

Competition Act Amendment Act

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

15 July 2024

Last action

Status

AVALDATUD_RIIGITEATAJAS

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Source updated

3 December 2024

Summary

The bill creates a solution that enables the application of EU block exemptions in domestic competition law as well. Block exemptions are one of the most used EU competition law tools. Block exemptions cover a large number of contract types that are widespread in commercial activities and which, despite the presence of anti-competitive provisions, have a positive effect on consumers and the economy. Block exemptions are developed and established at the EU level by the European Commission and they apply to Estonian companies if their agreements have an impact on trade between member states. In the case of the proposed solution, it is a so-called hybrid solution, where on the one hand the EU block exemptions become essentially directly applicable in national competition law, but on the other hand, the possibility is still left within the country to review these block exemptions in advance and to confirm by ministerial regulation that these block exemptions are indeed suitable and necessary for the Estonian legal system. There is also the possibility to introduce group exemptions within the country, if necessary. The latter can be done by government regulation. The offered solution allows to ensure legal certainty and effective competition supervision, while reducing the administrative and bureaucratic burden. It also helps to increase the legal certainty of entrepreneurs and save costs related to legal advice. Enhanced regulation no affect the current competitive situation. In Estonia, there is currently one group exemption regarding vertical agreements established by government regulation. As a result of the change, a total of six group exemptions will be valid in Estonia, two of which: group exemptions concerning railway, road and inland water transport and technology transfer agreements, had not yet been adopted into Estonian law. The law is planned to enter into force in a general manner.

Machine translation from Estonian. The official text remains authoritative.

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