Tag Archives: TR

Trade

Leave a reply

Trade

Effect on trade between Member States in the European Union Law

Concept of Effect on trade between Member States provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): A necessary condition for the application of EU antitrust rules. Articles 81 and 82 of the EC Treaty are only applicable if there may be a direct or indirect, actual or potential influence on the flow or pattern of trade between at least two Member States of the EU. An effect on trade exists in particular where national markets are partitioned or the structure of competition within the common market is affected. Anti-competitive agreements or conduct that have no effect on trade, therefore, fall outside the scope of EU competition rules and may only be dealt with by national legislation.

The merger regulation, by contrast, applies where a concentration has a Community dimension defined in terms of () turnover thresholds.

Trustee

Leave a reply

Trustee

Trustee in the European Union Law

Concept of Trustee provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): A legal or natural person appointed in merger cases to oversee the implementation of () commitments, and to contribute to their implementation where required. The trustee is appointed by the parties who have offered commitments to the Commission with the Commission's approval. His powers and duties are set out in the trustee mandate, an agreement between the trustee and the parties — again subject to the Commission's approval. The trustee normally has the power to propose, and if necessary impose, measures on the parties to ensure compliance with the commitments, as well as an irrevocable mandate to effect the divestiture of the business or busi-nesses to be sold, at no minimum price, if the parties fail to do so within a given period.

(See: Commission notice on remedies (OJ C 68, 2.3.2001, p. 3).)

Translating documents from the file

Leave a reply

Translating documents from the file

Translating documents from the file

As a general rule, an undertaking is not entitled to a translation of documents not emanating from the Commission (e.g. corporate statements, documents found during an inspection at the headquarters of an undertaking located in a different Member State, etc). Access is granted to evidence as contained in the Commission file, in its original form: the Commission is under no obligation to provide a translation of documents in the file 1 .

More about Translating documents from the file

It is good drafting practice, when an extract of the document is quoted in the SO (or later in the decision) to translate that extract into the authentic language(s) in the text of the Statement of Objections (or later in the decision) and to quote in a footnote the corresponding text in its original version (see also General rules and citation of evidence in the Module Statement of Objections).

More about the Subject

Concerning different language version of SO/decisions, DG Competition follows a strict policy of not supplying courtesy copies of SO/decisions in another authentic language version to the addressees.

Resources

See Also

References

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

Notes


[Note 1] Cf. Case T-25/95 et al. Cimenteries, para. 635.and Commission Notice on the rules for access to the Commission file in cases pursuant to Art. 81 and 82 of the EC Treaty (OJEU, C 325/7 of 22.12.2005), pt. 46

Further Reading

  • Information about Translating documents from the file in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

Transmission to the Hearing Officer

Leave a reply

Transmission to the Hearing Officer

Transmission to the Hearing Officer

A copy of the draft Article 10 Decision has to be sent to the Hearing Officer in all cases in which a draft decision is being submitted to the Advisory Committee, because the Hearing Officer has to prepare a final report. Given that the Hearing Officer is also guarantor of the right to be heard of third parties, his final report cannot be omitted even in cases of adoption of Article 10 decisions.

Resources

See Also

References

  • Information about Transmission to the Hearing Officer in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Transmission to the Hearing Officer in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Transparency Regulation

Leave a reply

Transparency Regulation

Non-Confidential version of the Decision Contents: Transparency Regulation

It is desirable that the non-confidential version of a decision can be used to reply to a request for access to documents under Regulation 1049/2001.

More about Transparency Regulation

This Regulation allows any person access to all Commission documents without having to state specific reasons. Such access may only be refused under the specific exceptions provided by the Regulation. These include inter alia the protection of commercial interests and the protection of the purpose of inspections and investigations. While there is a certain overlap with the abovementioned reasons for redaction of information from a non-confidential version, case teams should be mindful that there are certain differences between the exceptions under Article 4 of Regulation 1049/2001 and the ones listed above.

More about the Subject

For reasons of administrative efficiency, the non-confidential versions of Commission decisions should therefore be prepared with possible access requests in mind. Should a request under Regulation 1049/2001 exceptionally lead to the release of information that was not in the public version of the decision, an adapted public version should be published on the internet.

Resources

See Also

References

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

Further Reading

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

Triangular meeting

Leave a reply

Triangular meeting

Triangular meeting

In addition to bilateral meetings between DG Competition and each individual party such as the State of Play meetings, the Commission may exceptionally decide to invite the parties subject to the proceedings, and possibly also the complainant and/or third parties, to a so-called “triangular” meeting. 1 Such a meeting will be organised if DG Competition believes it to be in the interests of the investigation to hear the views on, or to verify the accuracy of, factual issues of all the parties in a single meeting. Such a meeting could be useful to the investigation, for example, where two or more opposing views or information have been put forward as to key data or evidence.

More about Triangular meeting

Any triangular meeting would normally take place at the initiative of the Commission and on a voluntary basis. Triangular meetings are normally chaired by Senior management of DG Competition (Director or Deputy Director General). The Legal Service and the Hearing Officer will systematically be informed of and invited to triangular meetings.

More about the Subject

Where triangular meetings are held, this should be done as early as possible during the investigatory phase (after the opening of proceedings and before any issuing of Statement of Objections) in order to help the Commission reach a conclusion on substantive issues before the Commission decides whether to issue a Statement of Objections, although the holding of such meetings after the issue of the Statement of Objections in appropriate cases is not excluded. Triangular meetings should be prepared on the basis of an agenda established by the DG Competition after consulting all parties that agree to attend the meeting. The preparation of the meeting may include a mutual exchange of non-confidential submissions between the attending parties sufficiently in advance of the meeting.

Resources

See Also

References

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

Notes


[Note 1] See Chap. 2.10 of the Notice on Antitrust Best Practices.

Further Reading

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