EU - Competition Enforcement LGS 16 Flashcards Preview

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Flashcards in EU - Competition Enforcement LGS 16 Deck (30)
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1
Q

Art 105

Authority?

A

Commission shall ensure application of principles under art 101 & 102

2
Q

Directorate General

A

Specific responsibilities for comepetition enforcement

3
Q

Reg 1/2003

A

Self Assesment of competition regulations

Infringe or fall within exemptions

4
Q

Who enforces?

A

National Courts / NCAs have primary responsibility for enforcement of art 101/2

5
Q

Art 5

(4)

A

NCAs powers to:

require termination of infringement

Order interim measures

Accept behavioural commitments

Impose fines and periodical penalty payments

6
Q

Art 7(1)

A

Commission can begin enquiry and is oblged to be kept informed of investigations by NCAs.

7
Q

Art 7(2)

A

Member states or a person claiming legitimate interest can lodge a complaint with the commission

8
Q

Athens International Airport

A

Flexible approach, consumers denied insufficient EU interest to allow conplaint.

9
Q

Art 18

A

Commission may request infomation, though this isnot obligatory under art 23(1/2) until commission orders by decision for information to be supplied.

10
Q

Articles 23 / 24

A

Commission must indicate legal basis for a request of information and state penalties for non compliance.

11
Q

Conducting investigation

Art 19

A

Power to interview indicuals & Collect information. NCAs have right to be present.

12
Q

Art 20 & 21 Formal Investigation

+ (4) (low importance)

A

Commission may conduct investigations of undertakings and their associations including their premises.

May inspect other premises,

Members of staff

Take copies

13
Q

Art 20(4)

A

Mandatory investigation, must supply written authorisation detailing investigation.

14
Q

Hoechst

A

Despite commission’s wide investigation powers must comply with national procedures such as obtaining a search warrant.

15
Q

Art 20(5)

A

Commission must inform NCA in advance of investagtion, though can be informal.

16
Q

Art 22(2)

(2)

A

Commission can direct NCA to conduct investigation on its behalf,

Undertaking can seek legal advice at the time of investigation, usually allowed 1 hour.

17
Q

Outcome of investigation

Art 9

A

Commitment decision, settlement with parties.

18
Q

Art 5 and 7(1)

+ 2 Cases + 5 commitments

A

Require infringment to stop.

Pepsi Cola

  • To end exclusivity agreements
  • End Rebates
  • End Tying arrangements

Microsoft

  • Give data to developers
  • Offer PCs without media player
19
Q

Art 8

+ 2 Cases

+ Point

A

Order interim measures.

Camera Care

Akzo Chemie

Often will lead to early change of company behaviour.

20
Q

Arts 23 & 24

+ 4 arts / Points

A

Civil fines and penalties.

Art 23(1) Procedural breaches up to 1% of of undertaking’s total turnover

23(2) Substantive breaches up to 10% of total world wide turnover.

Art 24(3) Gravity and Duration of infrigemetn

Art 24 Periodic payments can be orderd of up to 5% of average daily turnover

21
Q

+ 2 Considerations when ordering penalties.

A

Commission Guidelines on fine setting taken into account

Aggravating and Mitigating circumstances taken into account.

22
Q

Immunity from Fines

4 points

Case

A

In art 102 proceedings

First whistle blower can receive immunity provided they are not the cartel ringleader.

Others that provide evidence can receive up to 50% reduction in fines.

Acknowledging involvement can reduce fines by 10%

Does not affect civil damages.

Cathode ray tube cartel, one undertaking received full immunity.

23
Q

Art 31

A

Specific right of appeal to EU courts against commissions fine, however court may increase fine.

Basf and UCB

24
Q

Private enforcement

(3)

A

Action for Breach of statutory duty,

arts 101 and 102 direct horizontal effect.

Takes effect as a tort claim, C must show causation etc.

25
Q

Damages for private claims ordered where?

A

National Courts

26
Q

Courage v Crehan

Point

+ 3 Criteria

A

CJ ruled party to an agreement in breach of art 101 could sue for damages

  • National court must consider economic / legal circumstances
  • Respective bargaining power and conduct
  • whether terms are imposed as part of a network of similar agreements
27
Q

Vincenzo Manfredi

A

Victim of cartel maybe able to make claim for damages aginst cartel members.

28
Q

Automatic Nullity

art 101(2)

A

provides agreement in breach of art 101(1) - restriciting competition, and does not fall into exemption under 101(3) is automatically void.

29
Q

Panayiotou v Sony Music

A

Singer could not escape contracutal obligations despite them being in breach of 101(1) as judge was not certain had an appreciable effect on interstate trade and that the singer had had legal advice on the contract = not in a markedly weaker position.

30
Q

Summary

101(2)

Public Enforcement

Private enforcement

A

Under art 101(2) agreement maybe automatically void and party may walk away from it if unfairly imposed (panaytiou)

Commission or NCAs - money goes to EU. Art 105 & Reg 1/2003

Action for damages in national court. BSD, victim of cartel, party to agreement. Crehan, Manfredi.