Most prohibition decisions include a so-called “cease and desist order”, i.e. an injunction to stop or not to repeat the same or a similar illegal conduct 1<\/a> . Unless specified otherwise, this injunction applies immediately. If, for objective reasons, it is not possible to end immediately the infringement, transitory deadlines may be granted to the companies.<\/p>\n The monitoring of such cease and desist orders may be based on tools provided for in the decision itself, such as a reporting obligation. For example, a dominant company having abused its position through an illegal pricing policy may have to regularly report its prices to the Commission during a number of years.<\/p>\n The violation of a cease and desist order may lead to the adoption of a periodic penalty payment decision (see Module on periodic penalty payment).<\/p>\n The follow-up actions (such as a decision on periodic penalty payment) do not require the adoption of a decision to open proceedings neither do they require a decision to close proceedings once monitoring is no longer deemed necessary. The Commissioner for Competition can however issue a public statement to take note that the addressees of the prohibition decision have adjusted their behaviour to the cease and desist orders.<\/p>\n Instead of pursuing an undertaking for violation of a cease and desist order the Commission may equally decide to open a new investigation (with a decision to open proceedings) in the case of infringements that were continued or repeated despite a prohibition decision including a cease and desist order. The starting date of such a new infringement would be the date of the previous Commission decision or a subsequent date from which the recommencing of the infringement can be proven. In such a case the legal entities within the undertaking that continued or repeated the same infringement may also be liable for the aggravating circumstance of recidivism 2<\/a> .<\/p>\n Most prohibition decisions include a so-called "cease and desist order", i.e. an injunction to stop or not to repeat the same or a similar illegal conduct 1<\/a> . Unless specifie…<\/p>\n","protected":false},"author":2389,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[135],"tags":[141],"_links":{"self":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts\/263"}],"collection":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/users\/2389"}],"replies":[{"embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/comments?post=263"}],"version-history":[{"count":0,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts\/263\/revisions"}],"wp:attachment":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/media?parent=263"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/categories?post=263"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/tags?post=263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}More about Monitoring cease and desist orders<\/h3>\n
More about the Subject<\/h3>\n
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Notes<\/h3>\n
[Note 1]<\/a> It is generally worded as follows: “The undertaking(s) shall immediately bring to an end the infringement [described in Article 1 of the decision] insofar as it (they) have not already done so. It (they) shall refrain from any act or conduct described in Article 1 and from any act or conduct having the same or a similar object or effect.”
[Note 2]<\/a> See point 28 of the 2006 – Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1\/2003. Official Journal C 210, 1.09.2006, p. 2-5.<\/p>\nFurther Reading<\/h3>\n
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Monitoring cease and desist orders (Art. 7(1) Reg .1\/2003)<\/h2>\n