European Community Competition Procedure

By Luis Ortiz Blanco | Go to book overview
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abuse of dominant position:
initiation of procedure 67
national courts, adoption of measures by 23
negative clearance application see negative clearance: applications
not subject to exemptions 4, 23, 175
penalties 226, 236n see also penalties
prohibition, legal basis for 4, 70, 76, 78, 175
termination, Commission's power 5
access to files:
case law, summary 188-94
conflict over 183-6
effecting of disclosure 187-8
equality of arms principle 190, 192
exculpatory and inculpatory documents 191-2
file, meaning 180
interim measures procedures, in 289
limits on 181-6
probative value of documents, assessment of 190
refusal to make disclosure, grounds 192-3
rights of defence, to safeguard 49, 180, 189
Soda Ash judgements 188-191
statement of objections, granted on sending 172, 179
actions before CFIsee Court of First Instance
actions in European Court of Justice see European Court
administrative hearings see hearings
administrative letters:
Commission's use of 268
measures actionable in European Court 322
measures deemed not to be decisions 323
national courts not bound by 23n
status of letters, Court's view 269
types of letters 270-5
administrative measures, principle as to legality 10
Advisory Committee on Restrictive Practices and Dominant Positions:
constitution 32, 49
interim measures procedure, in 290
matters where required, summary 31
non-routine decisions 37
opening of investigations 66
estalishment 6, 31
exemption procedures, in 31, 50
failure to consult 33
information sent to 31-2, 276
national authorities, involvement 210
procedures 32-3, 49
Agreement on European Economic Area 2, 4
AKZO procedure 10, 118, 186-7, 280
Annexes from Commission 47n
Annual Reports of Commission 54
annulment of agreement as penalty 19, 20, 72, 93n
annulment of measures:
decisions, measures in nature of 321
institution of proceedings 323-5
jurisdiction of courts 320
liability of Commission 330
partial nullity of contested measure 329
pecuniary penalties imposed, as to 319
pleas in law 325-9
meaning 69
negative clearance, for see negative clearance: applications
aplications and notifications see formal applications
'Article 6 letters' 187, 249, 250
Article 85:
application of:
incorrect application as basis of plea in law 328
national courts, by 2, 22-5, 27-30
queries from undertakings as to 8, 69-70, quene 85-6
competition law, legal basis for 4
compliance monitoring see monitoring compliance
decisions see decisions
implementation procedure in Regulation 17 5
Article 86:
abuse of dominant position, as legal basis for prohibition 70, 175
application of:
decentralisation plans 2
incorrect application as basis of plea in law 328
national authorities, by 22-5
competition law, as basis of 4
decisions see decisions
monitoring compliance 11
negative clearance applications see negative learance: applications
Article 874, 5
Article 8827


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