Competition Law Executive Regulation

Article 27 — Article (27) Settlement

1. The settlement referred to in Clause (2) of Article (33) of the Decree by Law shall be effected in accordance with the following controls:     a. The settlement shall be in writing and signed by the infringing parties.     b. The settlement shall contain an express acknowledgment by the infringing Undertakings of the offences committed in violation of the provisions of the Decree by Law.     c. The settlement shall include the infringing Undertaking's commitment to pay the amount determined by the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, provided that such amount shall not be less than the amount prescribed under the Decree by Law, within thirty (30) working days from the date of settlement.     d. The settlement shall include the infringing Undertaking's commitment to rectify its anti-competitive practice.     e. Copies of the settlement shall be prepared in a number corresponding to the parties thereto, and the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall retain one copy thereof. 2. A settlement shall be concluded either upon an application submitted by an Undertaking proven to have committed any of the offences stipulated in the Decree by Law or upon a proposal by the Minister, the person authorized thereby, or the head of the Concerned Authority or Sectoral Regulatory Authority, as the case may be. 3. The settlement shall be binding upon all Undertakings signatories thereto and shall not be subject to any form of challenge. 4. The settlement shall not enter into force until the infringing parties provide proof of payment of the amount referred to in Paragraph (c) of Clause (1) of this Article. 5. Subject to Clause (2) of Article (33) of the Decree by Law, the settlement shall result in the cessation of criminal proceedings at any stage prior to referral of the criminal case for trial against the infringing parties and the lapse of any interim or provisional orders or judgments issued in connection with the offences that are the subject of the settlement. 6. The settlement shall not exempt the infringer from any civil liability for any damage caused to, or sustained by, an injured party as a result of the offence committed. 7. Where any party to the settlement refuses to comply with the terms thereof, the Minister, or the person authorized thereby, including the heads of the Concerned Authorities or Sectoral Regulatory Authorities, as the case may be, may request referral of the criminal case for trial. 8. An Undertaking proven to have committed any of the offences stipulated in the Decree by Law shall rectify its anti-competitive practice in accordance with Paragraph (d) of Clause (1) of this Article and submit supporting documents evidencing such rectification to the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, within the period prescribed thereby according to the nature and type of the offence.

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