Decision requiring information with penalty
Decision requiring information and imposing periodic penalty payments
The procedure is composed of two phases (for more details see also the Module on Periodic Penalty Payments): First phase: first decision requiring information imposing (provisional) penalty payments in its operative part
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The procedural steps are the following: – Consultation of the Legal Service. The draft decision should set the provisional amount of the penalties (up to 5% of the average daily turnover in the preceding business year per day) and fix the starting date. – Information to the Commission departments primarily responsible for the products, services or policy areas in issue and giving those departments the opportunity to state their view. This information may be done in parallel with the consultation of the LS. – The AC is not consulted. – Adoption by sub-delegation of the decision.
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A copy of the decision should be forwarded to the competition authorities of the Member States concerned (i.e. in whose territory the addressee of the decision is located) and to ESA if an undertaking in an EFTA country party to the EEA agreement is concerned.
A decision under Art 18 (3) with the provisional imposition of periodic penalty payments has not to be published pursuant to Article 30, however the final decision Article 24(2) (see below). Second phase: second decision fixing the final amount of the penalties 13
Please consult the Module on Periodic Penalty Payments. The main procedural steps are as follows: – As soon as the time limit to supply information has expired, a letter signed by the Director is sent to the undertaking reminding the financial consequences of the non-compliance with the decision. – Once the information has been supplied (after the expiry of the deadline mentioned in the first decision, otherwise there is no second decision), a statement of objections (SO) indicating the calculation of the final amount of the penalties is drafted and sent for consultation. – Once having received the approval of the LS and having informed the other DGs concerned, the SO 1 is adopted by empowerment procedure by the Commissioner in charge of Competition policy 2 and notified to the undertaking by the Secretariat General (hereafter SG). The definitive amount of the periodic penalty payment may be fixed at a figure lower than that which would arise under the original decision (Article 24(2) of Regulation 1/2003). – Access to the file will be limited to the request for information which was at the origin of the envisaged decision and the subsequent correspondence on this matter with the undertaking concerned. – Oral hearing (if requested by the undertaking). – Preparation of the draft decision: approval of the LS and consultation of the DGs primarily responsible for the products, services or policy areas in issue; approval of the Commissioner. – Consultation of the AC on the draft decision. – Adoption of the decision by written procedure, generally. – Notification by SG to the addressees (together with the Hearing Officer's (hereafter HO) final report and AC opinion). – Communication of the decision to Member States and ESA if EEA-relevant case: A copy of the decision Article 24(2) should without delay be forwarded to the competition authority of the
- Information about Decision requiring information with penalty in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
[Note 1] Issued pursuant to Article 27(1) of Regulation No 1/2003.
[Note 2] Empowerment decision of 28.4.2004, PV(2004)1655.
- Information about Decision requiring information with penalty in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)