TRENDS : COMMITMENTS/UNDERTAKINGS - NEGOTIATED COMPETITION PROCEDURES

The new procedures for commitments and undertakings in competition cases

KEYWORDS

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

Commitments are at the centre of current national and Community competition law. The requirements of efficiency and speed combine with the new regulatory provisions to shape the evolution of this practice. Following the Community decisions, the first decisions could soon be taken internally. The editorial staff of Concurrences has received the thoughts of the heads of the French competition authorities, who were kind enough to express their point of view on possible developments in this practice of commitments. Community influence, requirements of efficiency and speed, the origins of the reflection are diverse. The first decisions could soon be taken. In any case, they cannot leave practitioners indifferent...and magistrates who also find here a place to express their views on the developments that are taking shape.

A new procedure: Towards a negotiated resolution of commitments Irene Luc Deputy General Rapporteur of the Competition Council, Magistrate Article 5 of 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 sets out the decisions that the competition authorities of the Member States may take when applying Community competition law. These decisions are comparable to those that the European Commission can take for the prosecution of infringements of competition. In view of the functioning of the European Competition Network, it was essential that the Competition Council should have the same regulatory tools as the other competition authorities. This is why Order 2004-1173 of 4 November 2004 gave

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

This document is protected by copyright laws and international copyright treaties. Non-authorised use of this document constitutes a violation of the publisher's rights and may be punished by up to 3 years imprisonment and up to a € 300 000 fine (Art. L 335-2 Code de la Propriété Intellectuelle). Personal use of this document is authorised within the limits of Art. L 122-5 CPI and DRM protection.