Cyprus
Answer ... Where the Commission for the Protection of Competition finds an ongoing abuse of dominance, it can order the relevant undertaking to cease the infringement within a set timeframe and refrain from repeating the infringement in the future. If the infringement ceases prior to the issue of the commission’s decision, the commission can issue a declaratory decision condemning the infringement without imposing an administrative fine (Section 24(b) of the Law on the Protection of Competition).
The commission also has the power to impose administrative fines which, depending on the gravity and duration of the infringement, can be up to 10% of the turnover earned by the infringing undertaking in the preceding financial year (Section 24(a)).
Depending on the nature of the infringement, the commission also has the power to impose terms and measures of a behavioural and/or structural nature which are necessary to terminate the infringement (Section 24(c)).
If the relevant undertaking fails to comply with the above, the commission has the power to impose an administrative fine of up to 5% of the average daily turnover achieved during the preceding financial year for each day that the infringement continues (Section 24(d)).
The Law on the Protection of Competition does not provide for the imposition of sanctions on natural persons for abuse of a dominant position.
Cyprus
Answer ... Depending on the facts, the decisions of the Commission for the Protection of Competition on remedies and sanctions may vary.
If the case concerns an ongoing infringement, the commission may issue a decision ordering its termination within a fixed timeframe. If the case concerns an infringement which has already been terminated, the commission may issue a declaratory decision condemning the infringement.
The commission may also impose terms and measures (commitments) of a behavioural and/or structural nature on undertakings involved in abuse of dominance cases. Following the notification of a statement of objections to the relevant undertakings, the latter may propose a series of terms and measures which they are willing to implement in order to alleviate the commission’s concerns. If the commission deems the proposed terms and conditions to be appropriate and proportionate, it may render them binding on the undertakings involved.
Finally, if the commission deems it necessary, given the gravity and duration of the infringement, it may impose an administrative fine of up to 10% of the undertaking’s turnover in the preceding financial year.
Cyprus
Answer ... Remedies and sanctions may be imposed directly by the commission.