Tag Archives: AD

Advisory committee

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Advisory committee

Advisory committee in the European Union Law

Concept of Advisory committee provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Committee composed of representatives of the Member States which is consulted by the Commission in antitrust and merger cases where such a consultation is foreseen. A preliminary draft decision by the Commission is submitted to, and discussed with, the advisory committee in question. The advisory committee issues an opinion, which shall be taken into account in the final Commission decision.

(See: Article 10 of Regulation No 17 and Article 19 of the merger regulation.)

Adoption of the decision by the Commission

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Adoption of the decision by the Commission

Decision finding inapplicability: Adoption of the decision by the Commission

It needs to be noted that in the case of Article 10 Decisions, the internal procedure to follow for adoption by the Commission could in principle be the written procedure.

Resources

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References

  • Information about Adoption of the decision by the Commission in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Adoption of the decision by the Commission in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Adoption of the decision to close Proceedings

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Adoption of the decision to close Proceedings

Adoption of the decision to close

The power to adopt the decision to close proceedings (in full or in part) has been sub-delegated to the Director General for Competition, by decision of the Commissioner of 27 May 2004.

Resources

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References

  • Information about Adoption of the decision to close Proceedings in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Adoption of the decision to close Proceedings in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Adoption of the Opening of Proceedings Decision

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Adoption of the Opening of Proceedings Decision

Adoption and notification of the decision

The Commissioner in charge of Competition has been empowered by the College to adopt the decision to open proceedings, except in cases in which the Commission wishes to relieve an NCA of its competence following a consultation by the NCA on its envisaged decision pursuant to Art. 11(6) of Regulation 1/2003.

More about Adoption of the Opening of Proceedings Decision

The decision to open proceedings is notified to the parties subject to the proceedings.

Resources

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References

  • Information about Adoption of the Opening of Proceedings Decision in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Adoption of the Opening of Proceedings Decision in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Adoption process

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Adoption Process

Meeting(s) of the Advisory Committee

Before the adoption of a prohibition decision, the Commission has to consult the Advisory Committee on restrictive practices and dominant positions. Where the prohibition decision does not include the imposition of fines, there will be only one meeting. Where the prohibition decision provides for the imposition of fines, there will normally be two meetings, the first one discussing the substance of the case, the second one discussing only the level of fines.

More about Adoption Process

The consultation of the Advisory Committee normally takes place at a meeting held in Brussels. Regulation No 1/2003 also allows the possibility of a written consultation (see further Module on Advisory Committee).

Resources

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References

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

Further Reading

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

Adoption process

Commitment decisions are adopted by the College. The Advisory Committee is consulted on draft commitment decisions prior to adopting them.

More about Adoption process

The adoption process for an Article 9 decision is similar to the one for an Article 7 prohibition decision (see module). It is complex and involves manifold procedural steps (and signatures). The Legal Service has to be consulted for all procedural steps. The adoption process should therefore be planned carefully, taking account of all relevant minimum periods for the different consultations (other Commission services, Member States' competition authorities, Cabinets, etc.).

More about the Subject

In the summary of the case which is prepared for the Advisory Committee, Member States' competition authorities should also be informed of the results of the market test.

Resources

See Also

References

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

Further Reading

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

Advisory Committee Composition

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Advisory Committee Composition

Composition of the Advisory Committee on Restrictive Practices and Dominant Positions

For the discussion of individual cases, the Advisory Committee is composed of representatives of the national competition authorities (NCAs) of the Member States. For meetings in which issues other than individual cases are being discussed, an additional Member State representative competent in competition matters may be appointed.

More about Advisory Committee Composition

In order to prepare, the national competition authorities (NCAs) must be sent a copy of the most important documents in the case.

More about the Subject

Upon request by an NCA, the latter shall be sent a copy of other existing documents necessary for the assessment of the case.

Other Considerations

DG Competition's directorate in charge of the investigation is represented, in general, by the Director, the relevant Head of Unit and the case team. Meetings are normally chaired by the Policy & Strategy Director (A) or by a Head of Unit or Deputy Head of Unit of Directorate A, depending on the subject matter of the meeting. The Legal Service as well as other interested Commission services are also invited. The secretariat of the Advisory Committee takes care of the organisation of the meeting.

Resources

See Also

References

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

Further Reading

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

Advisory Committee consultation

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Advisory Committee consultation

Form of the consultation

The consultation of an Advisory Committee can take place either by oral procedure in a meeting convened by the Commission (Article 14(3) of Regulation 1/2003) or by written procedure (Article 14(4)), unless any Member State objects to the latter.

Resources

See Also

References

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

Further Reading

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

Advisory Committee Legal Basis

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Advisory Committee Legal Basis

Advisory Committee on Restrictive Practices and Dominant Positions: Legal Basis

Article 14(1) of Regulation No 1/2003 provides that the Commission should consult an “Advisory Committee on Restrictive Practices and Dominant Positions” prior to the adoption of certain types of decisions, i.e.: – prohibition decisions (Article 7 of Regulation No 1/2003) – interim measures decisions (Article 8 of Regulation No 1/2003) – commitment decisions (Article 9 of Regulation No 1/2003) – findings of inapplicability (Article 10 of Regulation No 1/2003) – decisions imposing fines (Article 23 of Regulation No 1/2003) – decisions imposing definitive periodic penalty payments (Article 24(2) of Regulation No 1/2003) – decisions withdrawing the benefit of a block exemption regulation (Article 29(1) of Regulation No 1/2003).

More about Advisory Committee Legal Basis

According to Article 17(2), Article 14 applies mutatis mutandis where the Commission conducts a sector inquiry. – The Advisory Committee is moreover consulted on draft Commission regulations as provided for in the relevant Council Regulations 1 .

More about the Subject

Section 4 of the Commission Notice on cooperation within the Network of Competition Authorities (“Network Notice”) 2 further describes the role and functioning of the Advisory Committee under Regulation 1/2003. Within this legal framework, the working modalities of the Advisory Committee have developed in practice over time.

Resources

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References

  • Information about Advisory Committee Legal Basis in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1] Cf. Article 33 of Regulation 1/2003, Council Regulation 19/65, Council Regulation 2821/71, Council Regulation 3976/87 and Council Regulation 479/92.
[Note 2] OJ C101, 27.4.2004, p.43.

Further Reading

  • Information about Advisory Committee Legal Basis in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

Advisory Committee Meeting

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Advisory Committee Meeting

Meeting of the Advisory Committee

The meeting is chaired by Directorate A (either at Director or Head of Unit level). The case team must be available 15 minutes before the meeting in order to brief the interpreters about the case.

More about Advisory Committee Meeting

The Chairman chairs the debate. Member States may make comments on the draft decision and ask questions to the Commission or to the other Member States.

More about the Subject

Once the debate is closed and once every participant has expressed its opinion, the Advisory Committee delivers its opinion, even if some Member States are not represented. The opinion is drafted on the spot (usually in English) and signed by all representatives that are present. A copy is distributed to the Member States representatives.

Other Considerations

A list of all attendees is prepared by the secretariat of the Advisory Committee and signed by each attendee.

More

The opinion of the Advisory Committee will later be published in the Official Journal, if the Advisory Committee so recommends.

Resources

See Also

References

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

Further Reading

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

Advisory Committee Meetings

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Advisory Committee meetings

Purpose of the meeting

Three types of topics can be discussed: – draft Commission decisions (as listed above) in individual cases (Article 14(1) of Regulation No 1/2003); for individual cases in which fines are imposed, there will often be two Advisory Committees, one discussing the substance of the case, and the other discussing the amount of the fines to be imposed; – individual cases that are being dealt with by a competition authority of a Member State under Articles 101 or 102 TFEU (Article 14(7) of Regulation No 1/2003); – general issues of EU competition law (Article 14(7), last sentence).

Resources

See Also

References

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

Further Reading

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

Meeting itself

During the meeting, case teams should be prepared to reply to any point raised by the members of the Advisory Committee.

More about Advisory Committee Meetings

The case-team should brief the interpreters about the case.

More about the Subject

At least one case secretary should attend in order to assist the Secretariat of the Advisory Committee in the preparation of the meeting.

Other Considerations

The Commission, as Chair, should determine the general structure of, and format for, the discussion to take place in the meeting.

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If necessary, the case team may give some additional explanation.

Resources

See Also

References

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

Further Reading

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