Warning Competition Law
In case of anti-competitive conduct there is a possibility to issue a warning before proceedingany further. A warning is usually accompanied by a request to submit a cease-and-desist declaration. By submitting such a declaration the violator commits to refrain from anti-competitive conduct in the future. For this purpose, a penalty shall be set, which depends on the gravity of the offense. After submission and acceptance of the cease-and-desist declaration the competitive relationship is subject oflimitation periods. Also there is a six-month limitation to anti-competitive conduct claims. Due to these specifics it is advisable to think over in advance the issue of the declaration and its contents for every specific case. In case of doubt you should consult a qualified lawyer. As the exact wording is especially critical in this particular area, one should consult an experienced lawyer. This applies to both the active and the passive party.