CASE COMMENTS : PROCEDURES – EC REGULATION N°1/2003 – ARTICLE 5 – JURISDICTION – ECN

Jurisdiction: The Court of Justice denies to the NCAs the right to adopt decisions “stating that a practice does not restrict competition”

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Unsurprisingly, the Court of the European Union has therefore held, in favour of for a brief judgment, delivered on 3 May 2011, in the case of Tele 2 Polska, that an NCA may not adopt a decision finding that there has been no abuse of a dominant position within the meaning of Article 102 TFEU, where it considers, following a procedure, that the undertaking has not infringes the prohibition referred to in that provision of the Treaty. Only the The Commission is competent to make such a finding. According to the Court, to authorise NCAs to take such "negative" decisions would risk bringing prejudice to the uniform application of the competition rules

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Jurisdiction: The Court of Justice denies to the NCAs the right to adopt decisions “stating that a practice does not restrict competition”, 3 May 2011, Concurrences N° 3-2011, Art. N° 54287, www.concurrences.com

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