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Document 12016E105

Consolidated version of the Treaty on the Functioning of the European Union
PART THREE - UNION POLICIES AND INTERNAL ACTIONS
TITLE VII - COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS
CHAPTER 1 - RULES ON COMPETITION
SECTION 1 - RULES APPLYING TO UNDERTAKINGS
Article 105 (ex Article 85 TEC)

OJ C 202, 7.6.2016, p. 90–90 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/treaty/tfeu_2016/art_105/oj

7.6.2016   

EN

Official Journal of the European Union

C 202/90


Article 105

(ex Article 85 TEC)

1.   Without prejudice to Article 104, the Commission shall ensure the application of the principles laid down in Articles 101 and 102. 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.

3.   The Commission may adopt regulations relating to the categories of agreement in respect of which the Council has adopted a regulation or a directive pursuant to Article 103(2)(b).


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