1. The Commission may impose fines or periodic penalty payments as set out in Article 17.
2. The Commission may, by decision, also impose fines upon undertakings concerned not exceeding 1 % of their aggregate turnover in the preceding financial year where those undertakings, intentionally or negligently, supply incorrect or misleading information in a notification pursuant to Article 21 or supplement thereto.
3. The Commission may, by decision, also impose fines upon undertakings concerned not exceeding 10 % of their aggregate turnover in the preceding financial year where those undertakings, intentionally or negligently:
(a)
fail to notify a notifiable concentration in accordance with Article 21 prior to its implementation, unless they are expressly authorised to do so by Article 24;
(b)
implement a notified concentration in breach of Article 24;
(c)
implement a notified concentration prohibited in accordance with Article 25(3), point (c);
(d)
circumvented or attempted to circumvent the notification requirements, as referred to in Article 39(1).
CHAPTER 4
PUBLIC PROCUREMENT PROCEDURES