Decision finding inapplicability
Decision finding inapplicability. General background
A 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 of coherence resulting from divergent interpretations by national courts in different Member States or by members of the European Competition Network (ECN). Such circumstances can justify allocating the Commission's resources to the preparation of this type of “positive” decision.
More about Decision finding inapplicability
The Commission has exclusive competence and, within the limits set out in Article 10 of Regulation 1/2003 (Article 10 Decision) as interpreted in the light of Recital 14, substantial discretion to take this type of decisions.
Resources
See Also
References
- Information about Decision finding inapplicability in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
Further Reading
- Information about Decision finding inapplicability in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)
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