Tag Archives: Adoption Process

Second Advisory Committee on fines

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Second Advisory Committee on fines

Second Advisory Committee on fines

The purpose of this second Advisory Committee is to present the proposals of DG Competition on the level of fines, as agreed by the Commissioner. The invitation has to be sent out 14 days in advance, but without communication of the proposal on fines.

More about Second Advisory Committee on fines

The case team describes and explains DG Competition's proposal on the level of fines, and, if relevant, also on a revised version of the draft decision following the first Advisory Committee). Once the debate is closed, the secretariat of the Advisory Committee drafts the opinion of the second Advisory Committee. Where Member States so recommend, opinion will also later be published in the OJ (along with the decision, the final report of the Hearing Officer and the opinion of the first Advisory Committee).

Resources

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References

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

Further Reading

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

Timing for the sending of the file

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Timing for the sending of the file

Timing for the sending of the file

The file must be sent at the latest 14 calendar days before the meeting is held (if the draft decision is long, the case team should make every effort to send the text three working weeks in advance). The file has to be sent to the secretariat of the Advisory Committee at least 24 hours before this deadline.

More about Timing for the sending of the file

Meetings may be convened within a shorter deadline than these 14 days, if no Member State objects to it (Article 14(3) of Regulation No 1/2003); this option should be avoided, where possible.

Resources

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References

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

Further Reading

  • Information about Timing for the sending of the file in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Invitations sent to the Advisory Committee

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Invitations sent to the Advisory Committee

Invitations and file to be sent to the Advisory Committee

The invitation to the Advisory Committee meeting and of the agenda of the meeting, as well as the file, are sent to: – the Member States; – the EFTA Surveillance Authority, if the draft decision affects the EEA.

Resources

See Also

References

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

Further Reading

  • Information about Invitations sent to the Advisory Committee 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

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)

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 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.

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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.

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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 Opinion

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Advisory Committee opinion

Follow-up of the Advisory Committee's opinion if changes required

Pursuant to Article 14(5) of Regulation No 1/2003, “the Commission shall take the utmost account of the opinion of the Advisory Committee” and “inform the Committee of the manner in which its opinion has been taken into account”.

More about Advisory Committee opinion

In case the decision is revised following the opinion of the Advisory Committee, the new version should promptly be transmitted to the Member States.

More about the Subject

If the draft decision is substantially amended, the Legal Service must be consulted on these changes.

Resources

See Also

References

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

Further Reading

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

Opinion of the Advisory Committee

The opinion of the Advisory Committee is published in the form it has been established, but without the signatures.

Resources

See Also

References

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

Further Reading

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