The ECJ Advocate General Mazák finds that NCAs have no competence to acquit companies of infringements (Tele2 Polska)

On 7 December 2010, European Court of Justice (“ECJ”) Advocate General (“AG”) Jan Mazák published his opinion in Tele 2 Polska, advising the Court to rule that national competition authorities (“NCAs”) should not be entitled to declare certain practices compatible with Articles 101 or 102 of the Treaty on the Functioning of the EU (“TFEU”). According to AG Mazák, attributing such competences to the NCAs would be contrary to Article 5 of Regulation 1/2003 [1], which does not list such types of positive clearance decisions among the types of findings available to NCAs in

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute (New York)

Quotation

Tim Kasten, Sean Gerlich, The ECJ Advocate General Mazák finds that NCAs have no competence to acquit companies of infringements (Tele2 Polska), 7 December 2010, e-Competitions Bulletin December 2010, Art. N° 41262

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