Tag Archives: TI

Tied selling

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Tied selling

Tying or tied selling in the European Union Law

Concept of Tying or tied selling provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Commercial practice of conditioning the sale of one product on the purchase of another product. If tying is not objectively justified by the nature of the products or their commercial usage, such practice may restrict competition. Economic theory suggests that a firm which enjoys () market power in one market (tying market) may, under certain conditions, be able to lever this market position or dominance into another market (tied market), squeeze competitors out of this second market and then raise prices above the competitive level. In a competition analysis perspective, the main negative effect of tying on competition is, therefore, possible () foreclosure on the market of the tied product. In addition tying may lead to higher prices for both the tying and the tied product.

Timing to Open proceedings

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Timing to Open proceedings

Timing: when to Open proceedings?

Pursuant to Article 2 of Regulation 773/2004 the Commission may decide to open proceedings with a view to adopting a decision pursuant to Chapter III (Article 7 to 10) of Regulation 1/2003 at any point in time, but no later than the date on which it issues a Statement of Objections, a Preliminary Assessment as referred to in Article 9(1) of Regulation 1/2003 or a Notice pursuant to Article 27(4) of Regulation 1/2003 (for instance in an Article 10 procedure), whichever is the earlier. The Notice on Antitrust Best Practices further provides that the Commission will open proceedings under Article 11(6) of Regulation 1/2003 when the initial assessment leads to the conclusion that the case merits further investigation and where the scope of the investigation has been sufficiently defined. 1 In cartel cases, the opening of proceedings normally takes place simultaneously with the adoption of the Statement of Objections, though it may take place earlier 2 . Also in other cases, if by conducting limited further investigations the appropriate scope of the case can be determined with more certainty, it may be advisable to carry out such further investigation before proposing to open proceedings.

Resources

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References

  • Information about Timing to Open proceedings in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1] See Notice on Antitrust Best Practices, paragraph 17.
[Note 2] See Notice on Antitrust Best Practices, paragraph 24.

Further Reading

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

Time for observations submitted

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Time for observations submitted

When should observations be submitted?

a) How will DG Competition know about a pending case?

More about Time for observations submitted

DG Competition may have knowledge about individual cases from different sources, notably • because (one of) the parties inform(s) DG Competition (this does not oblige the Commission to act, though). Requests (e.g. by parties) to submit observations to a national court will be registered and passed to Unit A1; • because DG Competition receives a copy of the judgment under appeal pursuant to Art. 15(2) of Reg. 1/2003. Unit A1 or the competent sectoral unit may pro-actively wish to find out whether one of the parties seeks relief with the last instance court. Unit A1 unit or the competent sectoral unit will not contact the parties to this end, but it will consider whether information can be sought with the registry of the last instance court and may liaise with the LS in this respect.

More about the Subject

b) Timing

Other Considerations

It is advisable to coordinate the timing of submission of the intended amicus curiae observation at least informally with the addressee court.

Resources

See Also

References

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

Further Reading

  • Information about Time for observations submitted in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Time of the Information in Cooperation

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Time of the Information in Cooperation

When should the information be provided?

The Commission states in its Notice that it will endeavour to provide the information within one month from the date the Commission receives the request. In case DG Competition has to ask the national court for further clarification or where it has to consult those directly affected by the transmission (e.g. the undertakings that provided the information), the period starts to run from the moment DG Competition receives that additional information.

More about Time of the Information in Cooperation

In order to respect the one month deadline, it is advisable that the sectoral unit chef de file contacts Unit A1 when the request arrives and not only before the transmission of the information (see subsequent point (20)).

Resources

See Also

References

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

Further Reading

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

Time of the Opinions in Cooperation

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Time of the Opinions in Cooperation

When should the opinion be provided?

The Commission states in its Notice that it will endeavour to provide the opinion within four months from the date the Commission receives the request. In case DG Competition has to ask the national court for further clarification, the period starts to run from the moment DG Competition receives that additional information.

More about Time of the Opinions in Cooperation

In order to respect the four months deadline, it is advisable that the sectoral unit chef de file contacts unit A1 when the request arrives and not only before the transmission of the information.

Resources

See Also

References

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

Further Reading

  • Information about Time of the Opinions in Cooperation in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Timing for the sending of the file

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Timing for the sending of the file

Timing for the sending of the file

The file must be sent at the latest 14 calendar days before the meeting is held (if the draft decision is long, the case team should make every effort to send the text three working weeks in advance). The file has to be sent to the secretariat of the Advisory Committee at least 24 hours before this deadline.

More about Timing for the sending of the file

Meetings may be convened within a shorter deadline than these 14 days, if no Member State objects to it (Article 14(3) of Regulation No 1/2003); this option should be avoided, where possible.

Resources

See Also

References

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

Further Reading

  • Information about Timing for the sending of the file in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Timing of the publication

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Timing of the publication

Publication of Decisions: Timing of the publication in the Official Journal

There are no explicit legal requirements regarding the timing of the publication in the OJ.

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The publication of the summary of the decision in the OJ may under certain circumstances be relevant to triggering the deadline for an appeal before the European Courts.

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There is no uniform practice of making the non-confidential text of the full decision accessible on the website at the same time as the publication in the OJ. DG Competition strives to publish both the OJ publications and the full non-confidential version on the website at the same time. However, publication on the website may be delayed due to possible disputes with the parties regarding the contents of the web-publication and this should not prevent the timely publication in the OJ.

Other Considerations

The final report of the Hearing Officer must be published together with the summary of the decision in the OJ. 1

More

The opinion of the Advisory Committee may be published separately from the summary of the decision in the OJ. It is however common practice to publish all three documents at the same time.

Resources

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References

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

Notes


[Note 1] Art. 17(3) of the Hearing Officer Terms of Reference.

Further Reading

  • Information about Timing of the publication in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

Timing of the publication on the website

There are no legal requirements regarding the timing of the publication on the website. The publication should be done as soon as possible. 1

More about Timing of the publication

As indicated, the case team strives to make the full non-confidential text of the decision accessible on the website at the same time as the publication in the OJ.

Resources

See Also

References

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

Notes


[Note 1] See Notice on best practices for the conduct of proceedings concerning Articles 101 and 102 TFEU (OJ C 308, 20.10.2011, p. 6) (“Notice on Antitrust Best Practices”), paragraph 135

Further Reading

  • Information about Timing of the publication in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)