Monitoring of binding commitments

Monitoring of binding commitments

Monitoring of binding commitments (Article 9 of Regulation 1/2003)

Where the Commission intends to adopt a decision requiring that an infringement be brought to an end and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment or in a statement of objections, the Commission may by decision make those commitments binding on those undertakings (Article 9(1) of Regulation No 1/2003).

More about Monitoring of binding commitments

The implementation of commitments often requires monitoring by the Commission. For details see the Module on commitment decisions.

More about the Subject

To enforce compliance with the commitments, the Commission can • impose fines if the undertakings or associations of undertakings fail to comply with a commitment (Article 23(2)(c) of Regulation No 1/2003); • impose daily penalty payments to compel the undertaking or the association of undertakings to comply with a commitment (Article 24(1)(c) of Regulation No 1/2003).

Other Considerations

For details on the procedure to follow if fines and/or daily penalty payments need to be imposed, see Module on Periodic Penalty Payment.

Resources

See Also

References

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

Further Reading

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

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