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Edited Legal Collections Data |
Book Title: European Competition Law
Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781783476862
Section: Chapter 6
Section Title: ARTICLE 103 TFEU
Number of pages: 3
Extract:
6
ARTICLE 103 TFEU*
REGULATION REGARDING THE APPLICATION OF ARTS 101 AND 102
1. The appropriate regulations or directives to give effect to the principles
set out in Articles 101 and 102 shall be laid down by the Council, on a
proposal from the Commission and after consulting the European
Parliament.
2. The regulations or directives referred to in paragraph 1 shall be
designed in particular:
(a) to ensure compliance with the prohibitions laid down in Article
101(1) and in Article 102 by making provision for fines and peri-
odic penalty payments;
(b) to lay down detailed rules for the application of Article 101(3),
taking into account the need to ensure effective supervision on
the one hand, and to simplify administration to the greatest pos-
sible extent on the other;
(c) to define, if need be, in the various branches of the economy, the
scope of the provisions of Articles 101 and 102;
(d) to define the respective functions of the Commission and of the
Court of Justice of the European Union in applying the provisions
laid down in this paragraph;
(e) to determine the relationship between national laws and the pro-
visions contained in this Section or adopted pursuant to this
Article.
[Intrinsic link between provisions on fines and Articles 101 and 102] Community law 6.01
has established a comprehensive system for monitoring cartels and abuses of dominant
positions which sets out a principle of prohibition, contained in Articles [101 and 102
TFEU], and sanctions for ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2014/882.html