Advisory Committee Legal Basis

Advisory Committee on Restrictive Practices and Dominant Positions: Legal Basis

Article 14(1) of Regulation No 1/2003 provides that the Commission should consult an “Advisory Committee on Restrictive Practices and Dominant Positions” prior to the adoption of certain types of decisions, i.e.: – prohibition decisions (Article 7 of Regulation No 1/2003) – interim measures decisions (Article 8 of Regulation No 1/2003) – commitment decisions (Article 9 of Regulation No 1/2003) – findings of inapplicability (Article 10 of Regulation No 1/2003) – decisions imposing fines (Article 23 of Regulation No 1/2003) – decisions imposing definitive periodic penalty payments (Article 24(2) of Regulation No 1/2003) – decisions withdrawing the benefit of a block exemption regulation (Article 29(1) of Regulation No 1/2003).

More about Advisory Committee Legal Basis

According to Article 17(2), Article 14 applies mutatis mutandis where the Commission conducts a sector inquiry. – The Advisory Committee is moreover consulted on draft Commission regulations as provided for in the relevant Council Regulations 1 .

More about the Subject

Section 4 of the Commission Notice on cooperation within the Network of Competition Authorities (“Network Notice”) 2 further describes the role and functioning of the Advisory Committee under Regulation 1/2003. Within this legal framework, the working modalities of the Advisory Committee have developed in practice over time.

Resources

See Also

References

• Information about Advisory Committee Legal Basis in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] Cf. Article 33 of Regulation 1/2003, Council Regulation 19/65, Council Regulation 2821/71, Council Regulation 3976/87 and Council Regulation 479/92.
[Note 2] OJ C101, 27.4.2004, p.43.

Further Reading

• Information about Advisory Committee Legal Basis in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)