Tag: Introduction to Decision finding Inapplicability
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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…
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Main procedural Steps
Overview of the main procedural stepsThe following section provides an overview of the main procedural steps leading to the adoption of an Article 10 decision: – Starting the investigation on an ex-officio basis – no "request" required, but not excluded either (from a party or an …
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Decision finding inapplicability
Decision finding inapplicability. General backgroundA declaratory decision finding inapplicability of the prohibitions laid down in Articles 101 or 102 TFEU can be proposed in exceptional cases where a Commission decision is needed, on a specific issue, in order to avoid or solve a problem …
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EU public interest
The notion of "EU public interest"The term 'public' included in the notion of 'EU public interest' has been introduced to underline the public policy dimension and discretionary nature of the Commission's intervention on the basis of Article 10 and, conversely,…