Tytuł pozycji:
What Do Limitation Periods for Sanctions in Antitrust Matters Really Limit?
Michał Mijal
Limitation periods represent a legal safeguard for a person who has once
broken the law in order not to be put at risk of sanctions and other legal liabilities
for an indefinite amount of time. By contrast, public interest can sometimes require
that a person who has committed a serious breach of law cannot benefit from
limitation periods and that it is necessary to declare that the law had indeed been
infringed and that legal liability shall be expected irrespective of the passage of
time. This article aims to answer the question whether limitation periods for sanctions
attached to competition restricting practices by Slovak competition law also limit
the powers of its competition authority to declare the illegality of illicit behaviour
or to prohibit it. Although this question can arise, and has done so already, as
a defence in antitrust proceedings, as well as the fact that an answer to this question
can potentially, as well as actually, affect rights of undertakings which have broken
competition rules, Slovak jurisprudence cannot be seen as explicit in answering
this question.