Measures reserved to the College

Measures reserved to the College

All final decisions on substance (including interim measures) and/or decisions of principle implying a wide margin of appreciation are reserved to the College. Those acts cannot be delegated. To these Commission acts belong: – all Commission decisions finding and ordering the termination of an infringement (Article 7 of Regulation 1/2003); – all Commission decisions ordering and renewing interim measures (Article 8(1)(2) of Regulation 1/2003); – all Commission decisions making commitments binding (Article 9(1) of Regulation 1/2003), – all Commission decisions finding the inapplicability of Articles 101 or 102 TFUE (Article 10 of Regulation 1/2003), – all Commission decisions imposing fines for breaches of procedural or substantive law (Article 23(1)(2) of Regulation 1/2003), as well as all related Commission decisions finally granting immunity or reduction of fines or rejecting immunity and leniency applications (1996, 2002 and 2007 Leniency Notices), – all Commission decisions on the final amount of a periodic penalty payment (Article 24(2)(sentence 1) of Regulation 1/2003); – all Commission decisions to withdraw the benefit of a block exemption regulation (Article 29(1) of Regulation 1/2003).

More about Measures reserved to the College

For the time being and until sufficient experience has been gained with the following measures, these measures are also reserved for adoption by the College: – the issuing of informal guidance letters (Commission Notice on informal guidance relating to novel questions read in conjunction with recital 38 of the preamble of Regulation 1/2003); – the initiation of proceedings in the situation foreseen in Article 11(6) in combination with Article 11(4) of Regulation 1/2003; – decisions to launch an inquiry into a particular sector of the economy or into a particular type of agreements across various sectors (Article 17(1)(sentence 1) of Regulation 1/2003).

Resources

See Also

References

• Information about Measures reserved to the College in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Measures reserved to the College in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)