Read the summary and the most important questions on 7. Competition law (Part 1)

• 2 Enforcement of competition law

• 2.1 Distributions of tasks

• Regarding decentralization of enfocement on distribution of tasks, application of which two articles by commission?

  Art. 101 TFEU and Art. 102 TFEU. About national competition authorities and courts.

• What prerequisite does art 101f TFEU for prohibition and exceptions have? Look at Reg 1/2003.

  Direct effect. System of legal prohibition and legal exception

• What does art. 35 para 1 Reg 1/2003 say about institutional and procedural autonomy?

  Competent authorities and applicable procedures (incl sanctions) are regulated by national law. This means decentralized execution.

• According to art. 3 para 1 Reg 1/2003, what does it say about applicability of both EU and national cartel rules?

  Which may affect trade between Member States. Primacy of EU cartel law  (para 2)

• 2.2 Procedure

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• Who can start the initiation of the procedure and what does art. 7 Reg 1/2003 say?

  - By Commission
  - On a complaint by a natural or legal person who can show a legitimate interest
  - on a complaint by a MS
  - on its own initiative

• Take a look at art. 17-20 Reg 1/2003. What are the four COM powers of investigation?

  1. Investigation of a certain sector of economy or a certain type of agreement (art 17)
     
  2. Request for information; simple request or decision art 18
  3. Interviewing relevant natural and legal persons (art 19)
  4. Unannounced inspections on the premises (art 20)

• 2.3 Decisions of the Commissions

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• What are the three types of commission decisions acc. To art. 8-10 Reg 1/2003?

  • Temporary. Interim measures
    
  • declaring commitments of entertains binding
  • finding of inapplicability of art 101 and 102 TFEU

• 2.4 Sanctions

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• What type of sanctions can the Com give when imposed art. 23+24 Reg/2003?

  • Impose fines
    
  • Periodic penalty payments

• 2.5 Legal protection

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• Who can appeal against COM decisions? art. 263 para 4 + art 256 TFEU

  First: General Court. Last: Court of Justice

• Does Union law require additional legal protection?

  Private enforcer: enforement of claims for damages according to private law. Direct effect as requirement.