A Spanish Court holds that it is not bound by an EC Commission decision under Art. 9 of EC Reg. 1/2003 (Carburantes Costa de la Luz v Repsol)

Article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 January 2003, pp. 1-25) (“Article 9”) is one of the major new features of the new EC competition rules adopted in May 2004. Under Article 9, where the European Commission is concerned that a given undertaking is infringing Article 81 or 82 of the EC Treaty and the undertaking offers commitments to meet the concerns expressed, the Commission may decide to make those commitments legally binding on the undertaking and close the case without deciding whether or not there actually was an infringement. The above solution has advantages for both the Commission and the undertaking. The Commission ensures that

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Aitor Montesa Lloreda, Angel Givaja Sanz, A Spanish Court holds that it is not bound by an EC Commission decision under Art. 9 of EC Reg. 1/2003 (Carburantes Costa de la Luz v Repsol), 29 July 2007, e-Competitions Bulletin Economic assessment of damages, Art. N° 16060

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