Category: P
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Professional secrecy
Professional secrecyThe provisions on professional secrecy apply also to the competition authorities of the Member States, their officials, civil servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the…
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Purpose of a Statement of Objections
Purpose of a Statement of ObjectionsA Statement of Objections ("SO") must be used in procedures in which the Commission intends to adopt a decision adverse to the interests of the addressees, i.e. finding an infringement of Article 101 or 102 TFEU and ordering its termination and/…
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Preparation of submissions in the Commission
How is the preparation of submissions dealt with in the Commission?The DG Competition Policy Director (Director of COMP/A), upon the suggestion of Unit A1 and in co-operation with the competent sectoral unit, may propose that the Commission submit observations to the national court.More…
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Provision of access to file
Provision of access to fileAccess to the file is granted to the parties after an SO has been notified. 1 More about Provision of access to fileThe access to file should be ready at the date of notification of the SO.More about th…
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Preparation of the preliminary draft Article 10 Decision
Preparation of the preliminary draft Article 10 DecisionThe drafting of EU acts must comply with numerous formal rules, for reasons of legal certainty, clarity, precision, or simply uniformity and in order to comply with the duty to state reasons for EU acts. In general, the rules and guide…
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Public interest justifying intervention
'European Union public interest' justifying interventionAccording to its terms, Article 10 can be applied where "the Community [i.e., European Union 1 ] public interest relating to the application of Articles 81 and 82 of the Tre…
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Prima facie case
Interim Measures: Prima facie caseThe practices focused on by the action for interim measures must prima facie be likely to constitute an infringement of competition rules.More about Prima facie caseAccording to the General Court in La Cinq <a name=t1 href=#f1 target="_self&qu…
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Publication in the Official Journal
Publication of Decisions in the Official JournalOnce all official language versions have been received the case team sends the texts that need to be published (summary, final report of the Hearing Officer, opinion of the Advisory Committee) to the relevant functional mailbox indicating the …
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Principle of collegiality
Principle of collegiality and the decision making proceduresAccording to Article 17 (6) of the Treaty on European Union (ex. Art. 217(1) EC) and Article 1 of the Rules of Procedure decision-making in the Commission is based on the principle of collegiality. In other words, as a general rule…
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Publication in the Official Journal Languages required
Publication in the Official Journal: Languages requiredEverything that is published in the OJ is published in all official languages of the European Union.More about Publication in the Official Journal Languages requiredThe summary of the decision, the final report of the Hearing O…