Keywords
Summary

Keywords

++++

1 . Competition - Administrative proceeding - Cessation of infringements - Adoption of provisional measures - Commission' s powers - Conditions for exercise

( Regulation No 17 of the Council, Art . 3(1 ) )

2 . Competition - Agreements, decisions and concerted practices - Prohibition - Exemption according to categories - Regulation No 123/85 - Object and scope

( EEC Treaty, Art . 85(1 ) and ( 3 ); Commission Regulation No 123/85 )

3 . Application for interim measures - Suspension of operation - Suspension of the operation of provisional measures adopted in competition matters - Conditions for granting

( Rules of Procedure, Art . 83(2 ); Regulation No 17 of the Council, Art . 3 )

Summary

1 . It is for the Commission, in the exercise of the supervisory task conferred upon it in competition matters by the Treaty and Regulation No 17 to decide, pursuant to Article 3(1 ) of Regulation No 17, whether it is necessary to adopt provisional measures if a request to that effect is made to it . Such measures must, however, be of a temporary nature and restricted to what is necessary in the given situation .

2 . Regulation No 123/85 on the application of Article 85(3 ) of the EEC Treaty to certain categories of motor-vehicle distribution and servicing agreements is limited to providing economic agents in the motor-vehicle industry with certain possibilities enabling them to remove their distribution and servicing agreements from the scope of the prohibition contained in Article 85(1 ) despite the inclusion in those agreements of certain types of exclusivity and no-competition clauses .

It follows that it cannot be said, in general terms, that motor-vehicle distribution has been exempted from the application of Article 85(1 ).

3 . When application is made for suspension of the operation of an order issued provisionally by the Commission in respect of an undertaking pending a final decision within the meaning of Article 3 of Regulation No 17 the judge hearing the application must consider whether there is a serious risk that the detrimental effects of such an order might, if it were put into operation immediately, exceed those of a conservatory measure and in the meantime cause damage considerably in excess of the inevitable but short-lived disadvantages arising from such a measure .