Procedures and sanctions for individual legal offences

A large number of reports are handled collectively as part of a larger whole. Many, however, must be processed individually, especially in cases where a law has been violated repeatedly, a policy decision is needed on the matter, or a special project is involved. The primary goal is that a company will voluntarily end or change those of its practices that violate the law. Procedural options include

  • Sending information to a company about how it should proceed (in declaring prices, for example)
  • Requesting a company for an explanation of how it will address a violation that has been found
  • Asking a company to participate in negotiations to agree on a procedure for ending or changing its practices
  • Asking a company for a commitment in writing that it will end or change its illegal practices as agreed or required.

If these steps fail to resolve the matter, or if the offence is clear and/or repeated, the Consumer Ombudsman

  • may bring the matter to Market Court, or
  • in basic, clear-cut cases, may directly issue a prohibition against continuing the illegal practices.
  • Both the Market Court and the Consumer Ombudsman can impose conditional fines to support their prohibitions.
  • If a company continues its illegal practices despite a prohibition, the Consumer Ombudsman can apply to the Market Court for the fine to be collected.
  • Both parties can apply to the Supreme Court to appeal against a decision of the Market Court.
  • A prohibition of the Consumer Ombudsman cannot be appealed, but it expires if a company opposes it within eight days. In that case the Consumer Ombudsman will take the matter to Market Court to request that the prohibition be upheld.

The Consumer Ombudsman can also issue a temporary prohibition if a company's actions must be prevented quickly, due to having far-reaching or immediate consequences, for example. A temporary prohibition is effective immediately, but the matter must be taken to Market Court for confirmation within three days, and proceedings there must take place no later than eight days after the application was received.

 

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