Implementing EU competition rules — best practices for the conduct of proceedings concerning Articles 101 and 102 of the TFEU

 

SUMMARY OF:

Commission notice on best practices for the conduct of proceedings concerning Articles 101 and 102 TFEU

WHAT IS THE AIM OF THE NOTICE?

It provides practical guidance on the main European Commission procedures for handling alleged violations of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU):

By increasing the understanding of the Commission’s investigation process, the notice aims to enhance the efficiency of investigations and ensure a high degree of transparency and predictability in the process.

KEY POINTS

The notice explains how the Commission applies:

Annex 1 of the notice summarises the essence of the notice in the form of a flowchart.

Procedure

Investigative phase

The possible outcomes of the investigative phase are:

Procedures leading to a prohibition decision

Commitment procedure

The Commission:

The procedures require the Commission to:

Procedure for rejecting complaints

The Commission:

Adoption, notification and publication of decisions

The Commission provides the companies involved immediately with the decision after it has been taken, issues a press release and publishes a non-confidential version on the Directorate-General for Competition’s website.

Additional guidance

The following Commission notices are also relevant to the proceedings:

The notice does not cover the following which have their own guidance:

FROM WHEN DOES THE NOTICE APPLY?

It has applied since 20 October 2011.

BACKGROUND

See also:

KEY TERMS

Cartel: a group of 2 or more firms who try to restrict competition by price fixing, limiting supply, or other restrictive practices in order to control selling prices.

MAIN DOCUMENT

Commission notice on best practices for the conduct of proceedings concerning Articles 101 and 102 TFEU (OJ C 308, 20.10.2011, pp. 6-32)

RELATED DOCUMENTS

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 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)

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 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89)

Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, pp. 29-37)

Commission Notice on the rules for access to the Commission file in cases pursuant to Articles 81 and 82 of the EC Treaty, Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No 139/2004 (OJ C 325, 22.12.2005, pp. 7-15)

Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, pp. 18-24)

Successive amendments to Regulation (EC) No 773/2004 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Notice on the handling of complaints by the Commission under Articles 81 and 82 of the EC Treaty (OJ C 101, 27.4.2004, pp. 65-77)

Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, pp. 1-22)

Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, pp. 1-25)

See consolidated version.

last update 29.05.2020