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”, bringing consequences on the decision-making practice of the French NCA

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I would like to return briefly to the implications for practice. French decision of the judgment delivered on 3 May 2011, in the case of Tele2 Polska, according to which the Court of Justice of the European Union ruled that 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, while at the same time specifying that the second paragraph of Article 5 of Regulation No 1/2003 is of direct application and precludes the application of a

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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”, bringing consequences on the decision-making practice of the French NCA, 3 May 2011, Concurrences N° 3-2011, Art. N° 54289, www.concurrences.com

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