Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title VI: Common rules on competition, taxation and approximation of laws

Chapter 1: Rules on competition

Section 1: Rules applying to undertakings

Article 85

Article 89 - EC Treaty (Maastricht consolidated version)

Article 89 - EEC Treaty

Article 85

1. Without prejudice to Article 84, the Commission shall ensure the application of the principles laid down in Articles 81 and 82. On application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, which shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end.

2. If the infringement is not brought to an end, the Commission shall record such infringement of the principles in a reasoned decision. The Commission may publish its decision and authorise Member States to take the measures, the conditions and details of which it shall determine, needed to remedy the situation.