Competition European Law

Category: D

  • Decision finding inapplicability Adoption Procedure

    Procedure for the adoption of an Article 24(1) decisionArticle 24(1) decisions are considered to be measures of management and administration. The Competition Commissioner is empowered to adopt them 1 . Article 24(1) decisions taken to enforc…

  • Disclosure of confidential information

    Disclosure of confidential informationThe provisional qualification of a piece of information as confidential is not a bar to its disclosure if such information is necessary to prove an alleged infringement ("inculpatory") or could be necessary to exonerate a party ("exculpat…

  • Decision finding inapplicability Effects

    Decision finding inapplicability: Effects of Article 10 DecisionsAlthough an Article 10 Decision is declaratory in nature (as a corollary of the legal exception system), it is nonetheless capable of producing the legal effects laid down in Article 16 of Regulation 1/2003.More about Deci…

  • Disputes over confidentiality claims

    Disputes over confidentiality claims not settled – involvement of the Hearing OfficerWhere a disagreement over confidentiality claims cannot be resolved: – The relevant addressee(s) are informed by a letter signed by a Head of Unit or case manager of those confidentiality claims that are no…

  • Decision finding inapplicability Legal framework

    Decision finding inapplicability: Legal frameworkPursuant to Article 24(1) of Regulation No 1/2003, the Commission may, by decision, impose on undertakings or associations of undertakings periodic penalty payments not exceeding 5% of the average daily turnover in the preceding business year…

  • Division of responsibilities in NCA cases

    Division of responsibilities in NCA cases. IntroductionUnder the system created by Regulation 1/2003, national competition authorities are obliged to apply Articles 101 and 102 TFEU when an agreement/practice is capable of affecting trade between Member States. This requires and/or allows f…

  • Decision imposing fines

    Decision imposing fines or penaltiesIt will depend on the individual situation whether it is more appropriate to adopt a decision imposing fines pursuant to Article 23(1)(b) or a decision imposing periodic penalty payments pursuant to Article 24(1)(d). Fines according to Article 23 can also…

  • Division of responsibilities in non-case

    Division of responsibilities in non-case related cooperation within the ECNThe ECN unit deals with ECN relations on general issues (ECN Plenary, general policy workshops and expert meetings, …), putting in place of administrative arrangements with NCAs, assisting NCAs in adapting nat…

  • Decision Language requirements

    Language requirements for the adoption of the Commission's DecisionThe draft decision has to be adopted by the Commission in all the relevant authentic languages of the case and, unless the President of the Commission 1 has granted a lan…

  • Documents emanating from a different case file

    Documents emanating from a different case fileAccording to Article 28 (1) Regulation 1/2003, the information collected may be used only for the purpose for which it was acquired.More about Documents emanating from a different case fileInvestigations which are conducted on different…