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Commitment decisions: An overview of EU and national case law

1. Introduction There has always been a practice of competition authorities to accept, on a discretionary basis, commitments by undertakings who promised to mend their ways in return for closing an investigation (vulgo: to “settle a case”). After all, the main goal of competition law enforcement should be to restore competitive conduct in the marketplace, and if this can be achieved at an early stage and without investing many of the competition authority’s resources, then all the better. For a long time, “settling cases” was handled informally by the European Commission and National Competition Authorities (NCAs), on the basis of their discretion to (de)prioritise cases for enforcement. [1] This informality under the old regime had the disadvantage that it was not entirely clear what the

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Florian Wagner-von Papp, Commitment decisions: An overview of EU and national case law, 30 May 2019, e-Competitions Bulletin Commitment Decisions, Art. N° 90109

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