Procedural steps

Procedural steps

The Commissioner in charge of competition is empowered to adopt decisions pursuant to Article 18(3) and Article 24(1) on behalf of the Commission (empowerment decision of 28.04.2004, PV(2004)1655). The Commissioner has sub-delegated to the Director-General for Competition both a) the power to adopt a decision requesting information under Article 18(3) of Regulation 1/2003 and b) the power to adopt a decision imposing (provisional) periodic penalty payments on undertakings or associations of undertakings.

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One has to distinguish: – decisions requesting information pursuant to Article 18(3) (without imposing periodic penalty payments); – decisions requesting information and imposing (provisional) periodic penalty payments pursuant to Article 18 (3) and Article 24 (1)(d)/24(2).

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References

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

Further Reading

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

Procedural steps

The initiation of the proceedings is immediately notified to the undertakings concerned. Pursuant to Article 2(2) Regulation 773/2004, the initiation of proceedings is to be communicated to the parties concerned prior to its making public in the appropriate way.

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The competition authorities of the Member States are to be informed of the initiation.

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If the case has EEA relevance, the EFTA Surveillance Authority (ESA) should be informed on the initiation of the proceedings.

Resources

See Also

References

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

Further Reading

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