restrictive-practice notification oor Spaans
restrictive-practice notification
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1. receiving complaints and applications for interim measures relating to restrictive practices, and notifications of concentrations;
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The Regulation does not make prior notification of restrictive practices compulsory, but undertakings which wish to benefit from Article 85(3) must notify their restrictive practices to the Commission (apart from restrictive practices exempted from notification under Article 4(2)).
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The purpose of this provision is to reduce the number of notifications involving restrictive practices whose main impact is in a single Member State.
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They could investigate cases of application of Community law, in response to complaints or on their own initiative, without fear that the parties to a restrictive practice might invoke a notification pending before the Commission.
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Regulation 17 created a system based on direct applicability of the prohibition rule of Article 85(1) and prior notification of restrictive practices for exemption under Article 85(3).
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The notice, which was updated in 1977(13), 1986(14) and 1997(15), helped to reduce the number of notifications of restrictive practices that were not harmful to competition.
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Regulation No 17 was based on direct applicability of the prohibition rule of Article 81(1) and prior notification of restrictive agreements and practices for exemption under Article 81(3).
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While the Commission, national courts and national competition authorities could all apply the prohibition rule of Article 81, the power to apply exemptions, based on the prior notification of restrictive agreements and practices, was granted exclusively to the Commission.
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Although they form a very small percentage of all notifications to the Commission, special consideration needs to be given to notifications to the Commission of restrictive practices undergoing investigation by a national authority made for dilatory purposes.
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Other systems exist which, like Community law, are based on the principle that restrictive practices are prohibited, but which do not have a system involving notification and authorisation.
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Member States shall not introduce new provisions or practices which are more restrictive than those in force at the date of notification of this Directive
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Member States shall not introduce new provisions or practices which are more restrictive than those in force at the date of notification of this Directive.
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Member States shall not introduce new provisions or practices which are more restrictive than those in force at the date of notification of this Directive.
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2 Competition - Agreements, decisions and concerted practices - Notification - Old agreements - Provisional validity - Scope - Amendments reinforcing or extending the restrictive effects of the agreement - Excluded
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It should be noted that laws adopting the per se prohibition approach ‐ as generally do those of the United States ‐ do not envisage any possibility of exemption or authorization, and therefore do not have a notification system for horizontal restrictive business practices.
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A look at the recent statistics on the Commission's work shows that thenumber of notifications makes it very difficult to pursue a proactive policy of combating restrictive practices.
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A directly applicable exception system would also remove the bureaucratic constraint of notification for undertakings, since authorisation would no longer be required to make restrictive practices that meet the tests of Article 85(3) legally enforceable.
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The advantage of such a change for the undertakings concerned would be that, even in the event of late notification, the Commission could assess whether the restrictive practices satisfied the conditions of Article 85(3) and, if so, could adopt an exemption decision that would be effective from the date on which the agreement was concluded.
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As to the reasons inherent in the Regulation 17 system, the centralised authorisation system based on prior notification and the Commission's exemption monopoly has led companies to notify large numbers of restrictive practices to Brussels.
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Notifications and applications relating to restrictive agreements, decisions or concerted practices liable to affect trade between Member States, should be addressed to the Commission unless their effects on trade between Member States or on competition within the Community are not appreciable in the sense of the Commission notice of 1986 on agreements of minor importance (5).
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The model law lays out the standard purposive clauses used in a notification regime and these clauses can be incorporated in the primary legislation on restrictive trade practices or in the competition law, as well as in the subsidiary regulation.
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Subsequently, a preliminary draft decision has to be submitted to and discussed with the Advisory Committee on Restrictive Practices and Dominant Positions composed of officials of the Member States competent in the matter of restrictive practices and monopolies (Article 10 of Regulation No 17) - they will already have received a copy of the application or notification.
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It may also help * explain why some free trade agreements exclude competition law and policy issues from the purview of dispute settlement and why the conciliation machinery provided for in successive OECD recommendations on this subject * have not been resorted to (although, in # the OECD Committee of Experts on Restrictive Business Practices took the view that this was mainly because the notification, exchange of information and consultation procedures provided for had been effective in avoiding or resolving conflicts
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It may also help explain why some free trade agreements exclude competition law and policy issues from the purview of dispute settlement and why the conciliation machinery provided for in successive OECD recommendations on this subject have not been resorted to (although, in 1987, the OECD Committee of Experts on Restrictive Business Practices took the view that this was mainly because the notification, exchange of information and consultation procedures provided for had been effective in avoiding or resolving conflicts).
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67 sinne gevind in 38 ms. Hulle kom uit baie bronne en word nie nagegaan nie.