Competition European Law

Category: D

  • Definition of the file

    Definition of the fileThe "Commission's file" in a competition investigation consists of all documents obtained, produced and/or assembled by DG Competition during the investigation that has led the Commission to raise its objections. The term "documents" includes al…

  • Decision finding inapplicability

    Decision finding inapplicability. General backgroundA declaratory decision finding inapplicability of the prohibitions laid down in Articles 101 or 102 TFEU can be proposed in exceptional cases where a Commission decision is needed, on a specific issue, in order to avoid or solve a problem …

  • Determination of competence

    Determination of competenceThe division of competence between the Commission and the ESA is dealt with in Article 56 of the EEA Agreement, which reads as follows: "1. Individual cases falling under Article 53 shall be decided upon by the surveillance authorities in accordance with the …

  • 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…