Adoption Process

Meeting(s) of the Advisory Committee

Before the adoption of a prohibition decision, the Commission has to consult the Advisory Committee on restrictive practices and dominant positions. Where the prohibition decision does not include the imposition of fines, there will be only one meeting. Where the prohibition decision provides for the imposition of fines, there will normally be two meetings, the first one discussing the substance of the case, the second one discussing only the level of fines.

More about Adoption Process

The consultation of the Advisory Committee normally takes place at a meeting held in Brussels. Regulation No 1/2003 also allows the possibility of a written consultation (see further Module on Advisory Committee).

Resources

See Also

References

• Information about Adoption Process in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Adoption Process in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Adoption process

Commitment decisions are adopted by the College. The Advisory Committee is consulted on draft commitment decisions prior to adopting them.

More about Adoption process

The adoption process for an Article 9 decision is similar to the one for an Article 7 prohibition decision (see module). It is complex and involves manifold procedural steps (and signatures). The Legal Service has to be consulted for all procedural steps. The adoption process should therefore be planned carefully, taking account of all relevant minimum periods for the different consultations (other Commission services, Member States' competition authorities, Cabinets, etc.).

More about the Subject

In the summary of the case which is prepared for the Advisory Committee, Member States' competition authorities should also be informed of the results of the market test.

Resources

See Also

References

• Information about Adoption process in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Adoption process in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)