Tag: Commitment Decisions
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State of Play meeting
State of play meetingDG Competition endeavours to give, on its own initiative or upon request, parties subject to the proceedings ample opportunity for open and frank discussions and to make their points of view known throughout the procedure. 1<…
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Submission of an informal commitments offer
Submission of an informal commitments offerShould the parties, after being confronted with the Commission's concerns in the State of Play meeting, decide to offer commitments, they need to convince the Commission that this offer is serious and credible <a name=t1 href=#f1 target="_…
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Preparation of Preliminary Assessment
Preparation of Preliminary AssessmentArticle 9 of Council Regulation 1/2003 provides that the Commission must have informed the undertakings of the competition concerns by a document which is called Preliminary Assessment (a Statement of Objections may also constitute a Preliminary Assessme…
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Review clause
Duration of the commitments – review clauseThe duration of commitments may be limited in time. Article 9 of Council Regulation 1/2003 refers to a "specified period". Commitments should provide that a lasting improvement of the market structure is achieved within a foreseeable time…
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Market Test Complainants
Market Test ComplainantsIn cases of a formal complaint, a letter pursuant to Article 7(1) of Regulation 773/2004 has to be issued at this stage and, in any event, before the adoption of the Article 9 decision, informing the complainant that the Commission has obtained what it considers adeq…
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Market Test Discussion
Market Test: Information and further discussionThe undertakings offering commitments should be informed of the results of the market test. This can either be done orally or in writing. The identity of third parties may not be disclosed to ensure that they are not subject to retaliation….
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Market Test Form
Form of the Market TestThe Commission is obliged to publish a concise summary of the case and the main content of the commitment proposal and give third parties a chance to submit their observations before it can adopt an Article 9 decision. 1</a…
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Market Test Internal approvals
Market Test Internal approvalsThe case team should solicit approval within DG Competition on the issue of whether to proceed with a commitment decision. After agreement, the case team should draft a note to the Commissioner informing her/him of the results of the market test and explicitly …
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Market test
Approval to market test the commitmentsOnce the case team considers the commitments offered are adequate to address the competition concerns, it should draft a note to the Competition Commissioner to ask for his/her approval to market test the commitments pursuant to Article 27(4) of Regula…
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Decision Publication
Publication of the DecisionCommitment decisions need to be published according to Article 30 (1) of Regulation 1/2003.ResourcesSee AlsoReferencesInformation about Decision Publication in the Antitrust Manual of Procedures for the application of Articles 101 an…