Preliminary Draft Decision Content

Preliminary Draft Decision: Content of Article 10 Decision

The Article 10 Decision states that Article 101 TFEU is not applicable to an agreement, a decision by an association of undertakings or a concerted practice, either because the conditions of Article 101(1) are not fulfilled, or because the conditions of Article 101(3) are satisfied. In practice, this means that an agreement or a particular clause is not void under Article 101(2). It can likewise state that the conditions of Article 102 TFEU are not fulfilled and that an agreement, a particular clause or a practice does not constitute an abuse of a dominant position.

Resources

See Also

References

• Information about Preliminary Draft Decision Content in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Preliminary Draft Decision Content in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)