Decision finding inapplicability Adoption Procedure

Procedure for the adoption of an Article 24(1) decision

Article 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 enforce compliance with a decision requesting information (Article 18(3)) are subject to a sub-delegation to the Director-General.

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Since the Article 24(1) decision is an intermediate step and does not adversely affect the rights of the parties there is no need at this stage to issue a statement of objections, nor grant access to file and no need to hear the parties. 2

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The imposition of periodic penalty payment can be initiated by adopting an Article 24(1) decision on a stand-alone basis or by including the provisions relating to the imposition of a penalty in another decision (normally the decision that the periodic penalty payments are intended to enforce, such as an Article 18(3) decision).

Other Considerations

Since usual practice is to combine an Article 24(1) decision with the decision that the periodic penalty payments are intended to enforce, please refer to the relevant modules for such decisions regarding the detailed procedure for adoption.

Resources

See Also

References

• Information about Decision finding inapplicability Adoption Procedure in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] PV(2004) 1655, SEC (2004) 520/2.
[Note 2] A contrario Article 27(1) of Regulation 1/2003.

Further Reading

• Information about Decision finding inapplicability Adoption Procedure in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)