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picture News November, 21 2017
image: White Collar Crimes White Collar Crimes At the November 4th morning seminar at Law Firm VARUL on white collar crimes, we learned that these crimes show a tendency to be over criminalized in Estonia.

There is no academic or practical definition available, and for practical reasons the gravest breaches against values in the field of economy are criminalized. What is and what should be criminalized is something for the lobbyists.

At the moment there are four criminal white collar offences in Estonia: Agreements, decisions and concerted practices prejudicing free competition, and if a punishment for a misdemeanour is already imposed; Abuse of dominant position, enforcement of concentration without permission, and failure to perform obligations of undertakings in control of essential facilities.

Reforms are underway and from January 1st, 2015, anticompetitive agreements are still a criminal offence while others will be misdemeanours. The punishment for legal persons for misdemeanours will be raised from EUR 32.000 to 400.000 as from January 1st.

Our morning seminar concluded with a brief on dawn raids, unexpected search of business premises by the Competition Authority, and we learned that legal advisors are allowed to be present should such a raid occur.

I would like to thank Law Firm VARUL's representatives, Marko Kairjak, Attorney-at-Law and Senior Associate, Triinu Järviste, Attorney-at-Law and an expert on competition law including cartels, and Ants Mailend, Partner at Law Firm VARUL, for their insightful presentations. My thanks also go to the German-Baltic Chamber of Commerce for a good cooperation in preparing our joint morning seminar.

Sincerely,

Kristiina Sikk
SCCE Ombudsman

 



read more:
· White Collar Crimes


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