Tag Archives: PE

Periodic penalty payment

Leave a reply

Periodic penalty payment

Periodic penalty payment in the European Union Law

Concept of Periodic penalty payment provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): The Commission may, by decision, impose periodic penalty payments in order to compel an undertaking to stop an infringement of compe-tition rules in accordance with an earlier decision. In such a case, a daily amount is fixed which has to be paid for every day the infringe-ment continues after the date stipulated in that decision. The Commission enjoys the same power where an undertaking refuses to supply complete and correct information that has been requested by decision or to submit to an investigation which has been ordered by decision.

(See: Article 16 of Regulation No 17; Article 15 of the merger regulation.)

Perfecting the marker

Leave a reply

Perfecting the marker

Perfecting the marker

A marker is perfected by submitting the information and evidence required for a formal application for immunity within the given deadline. If the undertaking perfects the marker within this deadline, the information and evidence will be deemed to have been submitted on the date when the marker was granted.

More about Perfecting the marker

An undertaking may also ask for an extension of the marker period. Any extension request should be submitted formally and motivated in detail in order to allow for an informed assessment of the request. The extension requests are assessed on a case by case basis taking into account the need to keep the marker period short in order to ensure that evidence at any premises to be inspected remains intact. Any such extensions are approved by a Director.

More about the Subject

If a marker applicant does not perfect the marker within the deadline granted, and the deadline is not extended, the undertaking can still present a formal application for immunity at any time. However, if the marker has not been perfected, the applicant should be informed in writing that its place in the queue is no longer protected.

Other Considerations

From the moment when the undertaking submits a formal application for immunity, the procedure described in Section 4 below applies.

Resources

See Also

References

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

Further Reading

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

Personal data

Leave a reply

Personal data

Personal data – Commission's own initiative

While it is often the case that in the process of identifying confidential information with the addressees, their confidentiality claims also cover the personal data of their former and current employees, it is necessary that the case team, on its own initiative, identifies and removes any personal data from documents prior to their publication (in particular from the decision).

More about Personal data

For more information and guidance on the substantive identification of personal data see section 6.2.

More about the Subject

The case team should identify and remove any personal data on of its own initiative although it may be time efficient to do so after the parties' confidentiality claims have been accepted since they generally cover significant amount of personal data, i.e. with respect to the employees of the relevant addressees.

Resources

See Also

References

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

Further Reading

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

Non-Confidential version of the Decision Contents: Personal data

The Commission must consider the requirements of Regulation EC No 45/2001. 1 Personal data must, in principle, be removed from documents before their publication.

More about Personal data

In Regulation EC No 45/2001, personal data is defined as: “any information relating to an identified or identifiable natural person”. Data relating to individuals have to be treated with particular care in any administrative procedure, including any cartel investigation. This duty of care is of particular concern when a decision that includes such data is made available to the public. As a general rule, such information should therefore not be included in a non-confidential version of a decision. Information that could identify a person may therefore be replaced by a more general description (e.g. “Ms. Y” or “X's marketing director between 1998-2000” could be replaced by “one of X's representatives”). Particular reasons may, however, be present that would make the inclusion of such data in a non-confidential version proportional. This may be the case if the indication of a person's function is necessary for the understanding of the decision 2 or if the undertaking to which a decision is addressed is an individual.

More about the Subject

The individuals concerned have certain access rights regarding their personal data. DG Competition's data protection co-ordinator would be involved in such issues.

Resources

See Also

References

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

Notes


[Note 1] Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, OJ L 8, 12.1.2001, p. 1-22.
[Note 2] See Case T-474/04 Pergan, paragraph 72.

Further Reading

  • Information about Personal data in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)