By Nick Gardner

This ebook offers with pageant coverage from the viewpoint of a enterprise government. It permits a hectic reader to move immediately to the company perform with which he's involved and from there to a precis of the professionals' remedy of that perform. whilst, it presents the reader who needs so as to add an appreciation of anti-trust compliance to his expert portfolio with a finished evaluate of the topic, including a advisor to precious resources of additional information.

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In other policy areas, the Commission proposes legislative measures for enactment by the Council, but in the sphere of competition policy, it takes legally binding decisions without reference to the Council. The Commission is supported by a Secretariat-General and by the Legal Service, which reports directly to the President of the Commission. The Legal Service advises on the legality of Commission decisions, and represents the Commission in the Court of Justice. The 48 The Framework of Competition Policy executive work of the Commission is done by some 20 DirectoratesGeneral, each of which is the special responsibility of one of the Commissioners.

To obtain legal immunity from prohibitions and penalties for practices not covered by block exemptions, it is necessary to follow the formal procedures of notification and application for negative clearance. Notification is a procedure by which an agreement falling within Article 85(1) of the Treaty can be exempted under the provisions of Article 85(3) (see Section B of Chapter 2, above). However, under Article 4(2) of Regulation 17, notification of an agreement is not Regulatory Institutions & Procedures 51 necessary for that purpose in the case of agreements within one member state which do not affect trade between member states.

On application by a member state or on its own initiative, and in cooperation with the competent authorities in the member states, who shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end. If the infringement is not brought to an end, the commission shall record such an infringement in a reasoned decision. The Commission may publish its decision and authorise member states to take the measures, the conditions and details of which it shall determine, needed to remedy the situation.

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