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Ancillary restraints

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Ancillary restraints

Ancillary restraints in the European Union Law

Concept of Ancillary restraints provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Restrictions on the parties to an agreement (including an agreement to form a concentration), which do not constitute the primary object of the agreement, but are directly related to and necessary for the proper functioning of the objectives envisaged by agreement. In the field of cooperation agreements, an example would be an obligation within an () R & D agreement not to carry out, independently or together with third parties, research and development in the field to which the agreement relates. An example of a restraint ancillary to a concentration is a non-competition clause imposed by the buyer on the vendor for a transitional period of time.

(See: Articles 6(1)b and 8(2) of the merger regulation; Commission notice on restrictions directly related and necessary to concentrations (OJ C 188, 4.7.2001, p. 5).)

Antitrust

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Antitrust

Antitrust in the European Union Law

Concept of Antitrust provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Field of competition law and policy. In the EU context, both the rules governing anti-competitive agreements and practices (cartels and other forms of collusion) based on Article 81 of the EC Treaty and the rules prohibiting abuses of (existing) dominant positions based on Article 82 of the EC Treaty, are commonly referred to as 'antitrust'.

Analysis against the Notice

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Analysis against the Notice

Guidance Letters: Analysis of the Request against the Notice

The Notice on Informal Guidance provides that the issuing of a guidance letter may only be considered if the cumulative conditions listed above are fulfilled.

More about Analysis against the Notice

If one condition fails, the request should be rejected.

Resources

See Also

References

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

Further Reading

  • Information about Analysis against the Notice in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Antitrust proceedings Languages

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Antitrust proceedings Languages

Use of languages in antitrust proceedings. General Rules

It is essential to understand a key distinction between official languages, internal procedural languages (generally known as “working languages”) and authentic languages. In relation to the latter, it is also important to understand the role of so-called “language waivers”.

Resources

See Also

References

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

Further Reading

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

Use of languages in antitrust proceedings. Specific Rules

Considering the principles and general background above, the specific language requirements are as follows.

Resources

See Also

References

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

Further Reading

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

Antitrust proceedings Official Languages

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Antitrust proceedings Official Languages

Official languages in antitrust proceedings. General Rules

Official languages of the European Union include virtually all the official languages of the various EU Member States. Council Regulation No 1 of 15 April 1958 determining the language to be used by the European Economic Community, as amended on a number of occasions (as a result of the various EU enlargements), 1 lists the following 23 official languages (in alphabetical order): Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.

More about Antitrust proceedings Official Languages

As a result, the Official Journal of the European Union exists in all these languages. EU regulations and other documents of general application (directives, for instance) are published in the official languages. There is however an exception for Irish (until 1 January 2012): before that date, only regulations adopted jointly by the European Parliament and Council (not relevant for DG Competition's activities) had to be published in Irish. For other types of acts, such as all acts prepared by DG Competition the institutions of the European Union were not bound to publish in Irish 2 .

More about the Subject

A Member State or a European citizen can write to an EU institution in any of the official languages listed above. The reply should be drafted in the same language 3 (so for example, a Bulgarian citizen can write to the Commission in Spanish and will receive a reply in that language).

Resources

See Also

References

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

Notes


[Note 1] OJ 17, 6.10.1958, p. 385-386, as amended by Regulation No 1791/2006.
[Note 2] Article 2 of Council Regulation (EC) No 920/2005 of 13 June 2005, OJ L 156 , 18.06.2005, p. 3.
[Note 3] See, with regard to Member States, Article 2 of Regulation No 1 and, with regard to European citizens, Article 24 of the Treaty on the Functioning of the European Union and Article 2 of Regulation No 1.

Further Reading

  • Information about Antitrust proceedings Official Languages in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)