Green paper 2005 and follow up white paper in 2008.Commission taking forward, trying to rationalise;
Trying to strengthen enforcement and make it easier for those who have suffered to recover their losses
..and article 81(1)
listen. May be decl;ared inapploicable to agreement or category of agreements- block exceptions and excemption for individual agreements
contribute to improving production or distribution or promoting technical or economic progress while allowingconsumers a fair share of the resulting benefit. NOTE:
Not impose restrictions that are nto indispensible to achieving benefit- not too much
Not afford iopportunity to eliminate competiion in substantial parts of products in question
NOTIFICATINO AND EXCEPTION BY THE
COMMISSION ONLY although…the prohibition hard direct effect,
applied by national courts, the exceptions could not!!!
long complex procedure for indicudual exempt
and long procedure for individual exemption
gave some measure of legal certainty
exemptions were used more widely- ok if your business falls into the scope, but difficult and anticompetitive itself if you want something different.
Listen and note slides 19 20. Didn’t listen
Courts now competent to judge not only
prohibition, but also on exemption in 81(3)…
- THE protection of rights of companies have been enshrined in XXXXX. This is one of the most significant issues which have occurred.
Whilstleblower leniency schemes. ARGH FORGOT TO RECORD UPTO NOW> ARGH.
continued use of dawn raids. Regulation in 2008 on leniencyprocedure to encourage disclosure of information
reliance on whistle blowers etc
Article 82- abuse of market through your share