Preparation of the preliminary draft Article 10 Decision

Preparation of the preliminary draft Article 10 Decision

The 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 guidelines for the drafting of an Article 10 Decision follow those for drafting of a formal negative decision.

Resources

See Also

References

• Information about Preparation of the preliminary draft Article 10 Decision in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Preparation of the preliminary draft Article 10 Decision in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Preliminary Draft Decision Addressees

Preliminary Draft Decision: Addressees

The decision is addressed to the undertaking(s) and/or associations of undertakings whose practices or agreements are examined and to which Articles 101 or 102 are found to be inapplicable.

More about Preliminary Draft Decision Addressees

In cases of distribution agreements with one supplier and numerous distributors, the decision can be addressed to the supplier only. The publication of the decision in full text will ensure that the other parties' rights can be sufficiently protected and that they have the necessary information to seek judicial review if they deem it necessary.

Resources

See Also

References

• Information about Preliminary Draft Decision Addressees in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Preliminary Draft Decision Addressees in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Preliminary Draft Decision Motivation

Preparation of the preliminary draft Article 10 Decision: Motivation of a decision

According to Article 296 TFEU, Commission decisions must state the reasons on which they are based. Failure to give reasons for a decision can be sanctioned on the basis of Article 263 TFEU and could entail the annulment of the decision by the General Court.

More about Preliminary Draft Decision Motivation

In its statement of reasons, the decision should take into account, when appropriate, relevant third parties' arguments submitted following the publication of the Article 27(4) Notice.

Resources

See Also

References

• Information about Preliminary Draft Decision Motivation in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Preliminary Draft Decision Motivation in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)