Keywords

Summary



Keywords

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1 . POWER TO TAKE ACTION WITH REGARD TO FINES - TIME-LIMITS - MUST BE FIXED IN ADVANCE - POWERS OF THE COMMUNITY LEGISLATURE

2 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - PROCEDURE BEFORE THE COMMISSION - RIGHTS OF DEFENCE - OBLIGATIONS OF THE COMMISSION - NOTICE OF COMPLAINTS - NOTIFICATION OF DOCUMENTS - BUSINESS SECRETS

( REGULATION NO 99/63 OF THE COMMISSION, ARTICLES 2 AND 4; REGULATION NO 17, ARTICLE 20 )

3 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - GENTLEMEN' S AGREEMENT - AGREEMENT CLASSIFIED AS PROHIBITED - CRITERIA

( EEC TREATY, ARTICLE 85 )

4 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - FINES - NATURE - OBJECT

( REGULATION NO 17, ARTICLE 15 ( 2 ))

5 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - FINES - FIXING OF FINES - GRAVITY OF THE INFRINGEMENT - CRITERIA

( REGULATION NO 17, ARTICLE 15 ( 2 ))

6 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - FINES - FIXING OF FINES - EFFECT OF NATIONAL REVENUE LAWS - NO REQUIREMENT TO TAKE SUCH LAWS INTO ACCOUNT

( REGULATION NO 17, ARTICLE 15 )

Summary

1 . IN ORDER TO ENSURE LEGAL CERTAINTY ANY LIMITATION PERIODS MUST BE FIXED IN ADVANCE; THE COMMUNITY LEGISLATURE ALONE IS COMPETENT TO FIX THEIR DURATION AND THE DETAILED RULES FOR THEIR APPLICATION .

2 . RESPECT FOR THE RIGHTS OF THE DEFENCE REQUIRES THAT IN ITS NOTICE OF COMPLAINTS THE COMMISSION SHALL SET FORTH CLEARLY ALBEIT SUCCINCTLY THE ESSENTIAL FACTS ON WHICH IT RELIES AND THAT IN THE COURSE OF THE ADMINISTRATIVE PROCEDURE IT SHALL SUPPLY THE OTHER DETAILS WHICH MAY BE NECESSARY FOR THE DEFENCE OF THE PERSONS CONCERNED .

THE RIGHTS OF THE DEFENCE LAID DOWN BY ARTICLE 4 OF REGULATION NO 99 ARE RESPECTED IF THE DECISION DOES NOT ALLEGE THAT THE PERSONS CONCERNED HAVE COMMITTED INFRINGEMENTS OTHER THAN THOSE REFERRED TO IN THE NOTICE OF COMPLAINTS AND ONLY TAKES INTO CONSIDERATION FACTS ON WHICH THE PERSONS CONCERNED HAVE HAD THE OPPORTUNITY OF MAKING KNOWN THEIR VIEWS ORALLY OR IN WRITING .

IF THE DOUBT ARISES AS TO WHETHER COMMUNICATING DOCUMENTS NECESSARY FOR THE DEFENCE OF A PARTY MIGHT BE INCOMPATIBLE WITH THE REQUIREMENT TO PROTECT THE BUSINESS SECRETS OF OTHER UNDERTAKINGS THE COMMISSION MAY NOT REFUSE SUCH COMMUNICATION WITHOUT FIRST CONSULTING THE LATTER .

3 . A GENTLEMEN' S AGREEMENT CONSTITUTES A MEASURE WHICH MAY FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) IF IT CONTAINS CLAUSES RESTRICTING COMPETITION IN THE COMMON MARKET WITHIN THE MEANING OF THAT ARTICLE AND ITS CLAUSES AMOUNT TO A FAITHFUL EXPRESSION OF THE JOINT INTENTION OF THE PARTIES .

4 . THE PENALTIES PROVIDED FOR IN ARTICLE 15 OF REGULATION NO 17 ARE NOT IN THE NATURE OF PERIODIC PENALTY PAYMENTS . THEIR OBJECT IS TO SUPPRESS ILLEGAL ACTIVITY AND TO PREVENT ITS RECURRENCE SO THAT THEIR APPLICATION IS NOT RESTRICTED TO CURRENT INFRINGEMENTS ALONE . THE COMMISSION' S POWER TO IMPOSE PENALTIES IS IN NO WAY AFFECTED BY THE FACT THAT THE CONDUCT CONSTITUTING THE INFRINGEMENT AND ITS EFFECT HAVE CEASED .

5 . FOR THE PURPOSE OF FIXING THE AMOUNT OF THE FINE, THE GRAVITY OF THE INFRINGEMENT IS TO BE APPRAISED BY TAKING INTO ACCOUNT IN PARTICULAR THE NATURE OF THE RESTRICTIONS ON COMPETITION, THE NUMBER AND SIZE OF THE UNDERTAKINGS CONCERNED, THE RESPECTIVE PROPORTIONS OF THE MARKET CONTROLLED BY THEM WITHIN THE COMMUNITY AND THE SITUATION OF THE MARKET WHEN THE INFRINGEMENT WAS COMMITTED .

6 . IN FIXING THE FINES PROVIDED FOR UNDER ARTICLE 15 OF REGULATION NO 17, THE COMMISSION IS NOT REQUIRED TO TAKE INTO ACCOUNT THE DIFFERENCES EXISTING BETWEEN THE NATIONAL REVENUE LAWS .