Part II Antitrust Investigations, 3 Inspections

2020 ◽  
Author(s):  
Nuijten Jan
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Legal Basis ◽  
Eu Competition Law ◽  
Charter Of Fundamental Rights ◽  
Private Homes

This chapter examines the power to inspect business and private premises. Amongst the various investigatory tools of the European Commission to establish whether or not there has been a breach of EU competition law, the power to conduct inspections is the most extensive one. The legal basis for this authority is in Article 20(1) of Regulation 1/2003, which stipulates that the Commission may conduct all necessary inspections of undertakings and associations of undertakings in order to carry out the duties assigned to it by this Regulation. Article 20(2) now ensures the effectiveness of the inspection by empowering inspectors to seal business premises and books or records for the period of the inspection; ask representative or member of staff of the inspected undertaking for explanation; and to record the answers. Article 21(1) extended the Commission’s power to inspect also non-business premises, such as private homes of directors, managers, and members of staff of the undertakings. Inspections can be conducted unannounced or announced. While the Commission’s power to inspect is extensive, it is contained by the Commission’s duty to respect the rights of the undertakings subject to inspection, in accordance with the fundamental rights and principle enshrined in the Charter of Fundamental Rights of the European Union.

scholarly journals What Role for EU Competition Law in Regulated Industries? Reflections on the Judgment of the General Court of 17 December 2015 Orange Polska v European Commission (Case T-486/11)

2016 ◽  
Vol 9 (14) ◽  
pp. 265-277
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
The European Union ◽  
Dominant Position ◽  
Commission Decision ◽  
Eu Competition Law ◽  
Broadband Services ◽  
Regulated Industries ◽  
New Entrants

On 17th December 2015, the General Court of the European Union (GC) confirmed a fine of over EUR 127 million imposed by the European Commission (hereinafter the Commission) on the Polish telecommunications company Orange Polska (hereinafter OP), formerly known as Telekomunikacja Polska. According to the fining decision, issued in 2011 (hereinafter the Commission decision), OP abused its dominant position by refusing access to its wholesale broadband services to new entrants, acting in contravention of Article 102 of the Treaty on the Functioning of the European Union (TFEU).

scholarly journals The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights

2021 ◽  
pp. 29-38
Author(s):  
Irina Viktorovna Shugurova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Commission ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Digital Environment ◽  
The European Union ◽  
Eu Competition Law ◽  
Comprehensive Examination ◽  
The Eu

The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

7. EU competition law: introduction and Article 101 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Internal Market ◽  
Business Practices ◽  
The European Union ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit anti-competitive business practices. The European Commission, national competition authorities, and national courts enforce Articles 101 and 102 under powers conferred by Regulation 1/2003. From time to time, the European Commission issues non-binding notices providing clarification of the competition rules. This chapter focuses on Article 101, but begins with an outline of Articles 101 and 102 and the rules on enforcement. In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

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