What is an amicable decision and what does it do?
The President of the Office of Competition and Consumer Protection may issue an „amicable decision” to entrepreneurs in cases related to anti-competitive practices (Article 12 of The Protection of Competition and Consumers Act) and those practices infringing upon collective consumer interests (Article 28) ending such disputes in an amiable manner. When is an amicable decision issued?
The entrepreneur after the initiation of administrative proceedings against him may obligate himself to OCCP, agreeing to cease the alleged activities, provided the entrepreneur does not wish to defend his practices/activities further. Then the President of the OCCP may accept the entrepreneur’s decision, and obligate him to cease the illegal practices by issuing an “amicable decision”.
This solution is extremely cost effective for entrepreneurs as it allows them to avoid financial sanctions. Additionally, it allows the case to end quickly, without long evidentiary proceedings. Of course,– this assumes the entrepreneur accepts OCCP’s assessment of his behavior.
In line with its mission for transparency, and policy of openness, the Office of Competition and Consumer Protection provides explanations determining the grounds for amicable decisions, their components, consequences of non-compliance and most importantly, information on how to avoid the negative effects of anti-competitive practices or practices infringing upon collective consumer interests.
Until 26 October 2015 the OCCP guidelines from 2012 were in effect. The latest publication includes changes in the law and jurisprudence of the last three years. We strongly encourage you to read it. The entire publication can be found at OCCP.