Month: October 2014
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Waiver of the recovery of fines Preparation
Preparation of the decision to waive the recovery of finesThe case-team has to prepare a draft decision waiving recovery of the fine. Such a decision must be substantiated and refer to the diligence exercised to secure recovery and the points of law and fact on which the waiver is based (Ar…
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Waiver of the recovery of fines Decision
Internal responsability for the adoption of the decision to waive the recovery of finesThe determination of the competent authority within the Commission to waive the recovery of a fine depends on the amount to be waived (this amount includes the fine and the default interest).More abou…
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Waiver of fines
Situations where a waiver of fines may be decidedArticle 87(1) of the Implementing Rules provides that: "the authorising officer responsible may waive recovery of all or part of an established amount receivable only in the following cases: (a) where the foreseeable cost of recovery wou…
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Use of the received information
Use of the received informationInformation received from other Network members in accordance with Article 12 can be used in evidence by the Commission like any other information in the Commission's possession, with the following exceptions, limitations and procedural rules.More abou…
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Use of information provided in interviews
Use of information provided in interviewsInformation provided during interviews can be used as evidence in the subsequent procedure. The Commission should however carefully assess the credibility of the statements, in particular if it has received conflicting information or if there are rea…
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Use of information from national competition authorities
Request for and use of information from national competition authorities (Article 12 and 18 of Reg. 1/2003)This section contains in brief the steps to take when the Commission wishes to obtain information from NCAs for the purposes of the enforcement of Articles 101 or 102 TFUE. Please see …
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Unmeritorious cases
No action / non-processing letter (unmeritorious cases)Non-processing letters: Case dealt with a NCA: When a national competition authority has received a parallel application in a case that is national in scope and is willing to pursue the case, a "non-processing" letter could be…
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Types of opinions in Cooperation
What kind of opinion?The kind of opinion which the Commission may be called upon to provide is spelt out in paras. 27 to 30 of the Notice: "When giving its opinion, the Commission will limit itself to providing the national court with the factual information or the economic or legal cl…
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Types of Leniency Applications
Leniency Applications: Types of applicationsEach type of application – be it for immunity (either under point 8(a) or point 8(b) of the 2006 Leniency Notice) or for a reduction of fine – has its own procedure(see details below).More about Types of Leniency ApplicationsApplication f…
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Types of Information in Cooperation
What kind of information?What kind of information can be requested by a national court is explained in paras. 21 to 22 of the Notice: the information requested will be mainly documents, but also information of a procedural nature can be requested (e.g. whether the Commission has initiated p…