Tag: Article 10 Decision

  • Transmission to the Hearing Officer

    Transmission to the Hearing OfficerA copy of the draft Article 10 Decision has to be sent to the Hearing Officer in all cases in which a draft decision is being submitted to the Advisory Committee, because the Hearing Officer has to prepare a final report. Given that the Hearing Officer is …

  • Proceedings Effects

    EffectsIt is only after this initiation of proceedings that all other competition authorities are relieved, in accordance with said Article 11(6) and Articles 35(3) and 35(4), of their competence to apply Articles 101 and 102 TFEU to the same case.More about Proceedings EffectsIt i…

  • Proceedings Initiation

    When to initiate the proceedingPursuant to Article 2 of Regulation 773/2004, the initiation of the proceeding can not be done later than the date on which the Article 27(4) Notice is published.More about Proceedings InitiationIf the initiation of proceedings is a reaction to an env…

  • Public interest justifying intervention

    'European Union public interest' justifying interventionAccording to its terms, Article 10 can be applied where "the Community [i.e., European Union 1 ] public interest relating to the application of Articles 81 and 82 of the Tre…

  • Publication of the Decision finding inapplicability

    Decision finding inapplicability: Publication of the DecisionDecisions finding inapplicability of Articles 101 and 102 have to be published as provided for in Article 30 of Regulation 1/2003. The publication must state the names of the parties and the main content of the decision. It must h…

  • Preparation of the preliminary draft Article 10 Decision

    Preparation of the preliminary draft Article 10 DecisionThe drafting of EU acts must comply with numerous formal rules, for reasons of legal certainty, clarity, precision, or simply uniformity and in order to comply with the duty to state reasons for EU acts. In general, the rules and guide…

  • Procedural steps

    Procedural stepsThe 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 bo…

  • Procedure for Adoption of a Decision

    Decision finding inapplicability: Procedure for Adoption of a DecisionIn general, the procedure to follow in the case of an Article 10 Decision is the same as that for an Article 9 decision.ResourcesSee AlsoReferencesInformation about Procedure for Adoption of…

  • Notice Contents

    Article 27(4) Notice: Structure and contentsThe main points to mention in a Article 27(4) Notice are: – summary of the facts; – the parties; – the relevant market; – the agreement/practice ; – the proposed course of action; – invitation for third party observations, including an explicit re…

  • Notice Follow-up

    Article 27(4) Notice: Follow-upObservations can be received from companies, private citizens or Member States.More about Notice Follow-upFor each submission received, an acknowledgment of receipt will be sent.More about the SubjectThe case team should examine the observati…