ARTICLE: EUROPEAN UNION - COMPETITION LAW - EUROPEAN COMMISSION - DECISIONS - PUBLICATION
Publication of antitrust decisions of the European Commission
This paper deals with the publication by the European Commission of its decisions adopted in the enforcement of the competition rules laid down in Articles 101 and 102 TFEU (antitrust decisions). The paper examines the legal basis of such publication and the interests justifying publication; what content of the decision must be published, may be published and cannot be published; the procedure and timing of the publication; and the relationship with public access to documents.
I. Introduction
1. The main types of antitrust decisions of the European Commission
1. This paper deals with the publication by the European Commission of its decisions adopted in the enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) (antitrust decisions).
2. Article 101 TFEU prohibits agreements between undertakings that may affect trade between EU Member States and restrict competition without redeeming virtue. Article 102 TFEU prohibits abuse of a dominant position within the EU internal market or in a substantial part of it. [1]
3. Regulation 1/2003, [2] the main regulation giving effect to Articles 101 and 102 TFEU, entrusts both the European Commission and the competition authorities of the EU Member States (national competition
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