- Who Decides on Competition Violations and How to Appeal?
Penalties in competition cases are not issued directly by the Authority's Board of Directors, but through an independent quasi-judicial committee called the "Committee for Adjudication of Competition Law Violations".
Committee Formation and Powers
According to Article Eighteen of the Law:
- Consists of 5 members (including at least 3 legal specialists).
- Jurisdiction: Reviewing and deciding on all Law violations and imposing penalties (except for temporary measure and search decisions which are Board jurisdiction).
- Issues decisions by majority and must be reasoned.
Appealing Committee Decisions
Committee decisions are not final upon issuance, as the Law guarantees the right of litigation for establishments:
- Competent Authority: Appeal is permitted before the competent Administrative Court (Board of Grievances).
- Duration: Appeal must be submitted within (30) days from the date of notifying the violator of the decision.
If the Court cancels the Committee's decision, it assumes jurisdiction to review the violation and impose the appropriate penalty itself.
Reference: Competition Law (Article 18) - General Authority for Competition
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Related Links
- ◾ Bidding in Government Projects
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More
What are the Prohibited Practices that Violate Commercial Competition?
Learn about the list of practices and agreements prohibited by the Saudi Competition Law to ensure a fair market, including price fixing and market allocation.
What are Tenders? Definition, Importance, Types, and Stages
A comprehensive guide on tenders, explaining their definition, types, objectives, and the essential stages they go through to achieve transparency and fair competition.
What is Abuse of Dominant Position in the Market?
Learn about prohibited practices of abusing dominant position in the Saudi Competition Law, such as selling below cost and discrimination between clients.
What is Economic Concentration and When Must it be Reported?
Understand the concept of Economic Concentration (Mergers and Acquisitions) and the financial threshold (200 Million SAR) that requires reporting 90 days in advance.
What is the Etimad Platform for Government Entities?
A comprehensive guide to the Etimad platform for government entities, the platform affiliated with the Saudi Ministry of Finance for managing procurement processes, contracts, and budgets, enhancing transparency and efficiency in government transactions.
What is the Etimad Platform for Individuals?
A comprehensive guide to the Etimad Platform for individuals, the government platform under the Saudi Ministry of Finance that offers financial and administrative services in government transactions like participating in tenders and inquiring about dues.
The Role of Etimad Platform in Government Tenders in Saudi Arabia
Discover the pivotal role of the Etimad platform in managing and organizing government tenders in Saudi Arabia, and how it contributes to enhancing transparency and efficiency in the government procurement process.
What is Tender Collusion (Bid Rigging) and is it Prohibited?
Explanation of collusion and coordination in government tenders and auctions as one of the major violations of the Saudi Competition Law.
