Determination of competence

Determination of competence

Determination of competence

The 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 following provisions: (a) individual cases where only trade between EFTA States is effected shall be decided upon by the EFTA Surveillance Authority; (b) without prejudice to subparagraph (c), the EFTA Surveillance Authority decides, as provided for in the provisions set out in Article 58, Protocol 21 and the rules adopted for its implementation, Protocol 23 and Annex XIV, on cases where the turnover of the undertakings concerned in the territory of the EFTA States equals 33% or more of their turnover in the territory covered by this Agreement; (c) the EC Commission decides on the other cases as well as on cases under (b) where trade between EC Member States is affected, taking into account the provisions set out in Article 58, Protocol 21, Protocol 23 and Annex XIV. 2. Individual cases falling under Article 54 shall be decided upon by the surveillance authority in the territory of which a dominant position is found to exist. The rules set out in paragraph 1(b) and (c) shall apply only if dominance exists within the territories of both surveillance authorities. 3. Individual cases falling under subparagraphs (c) of paragraph 1, whose effects on trade between EC State Members or on competition within the Community are not appreciable, shall be decided upon by the EFTA Surveillance Authority. 4. The terms 'undertaking' and 'turnover' are, for the purposes of this Article, defined in Protocol 22.”

Resources

See Also

References

  • Information about Determination of competence in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Determination of competence in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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