Article 24(2) decision Adoption Procedure
Procedure for the adoption of an Article 24(2) decision
As soon as the time-limit for complying with the first decision has expired, a letter signed by the Director is sent to the undertaking reminding it of the financial consequences of the noncompliance with the decision.
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The second decision, fixing the definitive amount of the periodic penalty payment, may be taken after the undertaking has not complied with the first decision.
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The penalty set in the Article 24(1) decision is the maximum amount which the Commission could impose under Article 24(2). If the addressee has satisfied the obligation which the periodic penalty payments was intended to enforce, the definitive amount of the periodic penalty payment will be fixed for the period of non-compliance. The Commission also has the discretion to reduce the fine amount, e.g. it may reduce the amount if the undertaking has taken some steps towards compliance or if, having heard the undertaking concerned, the Commission is persuaded that a lower amount than that set in the Article 24(1) decision was appropriate for any reason.
Before the Article 24(2) decision can be adopted, the undertaking concerned must receive a Statement of objections, informing it of the objections retained against it with a view to enabling it to exercise its rights of defence in writing and orally (hearing). 1
The same procedural rules apply for the Statement of objections as in a substantive case. After having received the approval of the LS and having informed the other DGs concerned, the Statement of objections is adopted by empowerment procedure by the Competition Commissioner and notified to the undertaking by the SG.
The deadline for replying to a Statement of objections is usually two months. Given however that objections raised in an Article 24 proceeding do normally not require an in depth analysis by the undertakings concerned it is normally appropriate to set the time limit at four weeks.
The procedure for the drafting and the adoption of the Statement of objections is set out in detail in the Module on Statement of Objections.
The final Article 24(2) decision is adopted by the College of Commissioners, normally in written procedure. The procedural rules set out in the Module Decision-making procedure apply.
- Information about Article 24(2) decision Adoption Procedure in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
[Note 1] Article 27(1) of Regulation 1/2003.
- Information about Article 24(2) decision Adoption Procedure in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)