I
(Acts who publication is obligatory)
COUNCIL REGULATION(EC)No1/2003
of16December2002
on the implementation of the rules on competition laid down in Articles81and82of the Treaty
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,and in particular Article83thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
差旅费报销单怎么填Having regard to the opinion of the European Economic and Social Committee(3),
Whereas:
(1)In order to establish a system which ensures that competition in the common market is not
distorted,Articles81and82of the Treaty must be applied effectively and uniformly in the Commu-nity.Council Regulation No17of6February1962,First Regulation implementing Articles81and 82(*)of the Treaty(4),has allowed a Community competition policy to develop that has helped to disminate a competition culture within the Community.In the light of experience,however,that Regulation should now be replaced by legislation designed to meet the challenges of an integrated market and a future enlargement of the Community.
(2)In particular,there is a need to rethink the arrangements for applying the exception from the prohi-
bition on agreements,which restrict competition,laid down in Article81(3)of the Treaty.Under Article83(2)(b)of the Treaty,account must be taken in this regard of the need to ensure effective supervision,on the one hand,and to simplify administration to the greatest possible extent,on the other.
(3)The centralid scheme t up by Regulation No17no longer cures a balance between tho two
objectives.It hampers application of the Community competition rules by the courts and competi-tion authorities of the Member States,and the system of notification it involves prevents the Commission from concentrating its resources on curbing the most rious infringements.It also impos considerable costs on undertakings.
(4)The prent systemshould therefore be replaced by a directly applicable exception systemin which
the competition authorities and courts of the Member States have the power to apply not only Article81(1)and Article82of the Treaty,which have direct applicability by virtue of the ca-law of the Court of Justice of the European Communities,but also Article81(3)of the Treaty.
(1)OJ C365E,19.12.2000,p.284.
(2)OJ C72E,21.3.2002,p.305.
(3)OJ C155,29.5.2001,p.73.
(*)The title of Regulation No17has been adjusted to take account of the renumbering of the Articles of the EC Treaty, in accordance with Article12of the Treaty of Amsterdam;the original reference was t
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o Articles85and86of the Treaty.
(4)OJ13,21.2.1962,p.204/62.Regulation as last amended by Regulation(EC)No1216/1999(OJ L148,15.6.1999,
p.5).
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(5)In order to ensure an effective enforcement of the Community competition rules and at the same
lucernetime the respect of fundamental rights of defence,this Regulation should regulate the burden of proof under Articles81and82of the Treaty.It should be for the party or the authority alleging an infringement of Article81(1)and Article82of the Treaty to prove the existence thereof to the required legal standard.It should be for the undertaking or association of undertakings invoking the benefit of a defence against a finding of an infringement to demonstrate to the required legal stan-dard that the conditions for applying such defence are satisfied.This Regulation affects neither national rules on the standard of proof nor obligations of competition authorities and courts of the Member States to ascertain the relevant facts of a ca,provided that such rules and obligations are compatible with general principles of Community law.
(6)In order to ensure that the Community competition rules are applied effectively,the competition
authorities of the Member States should be associated more cloly with their application.To this end,they should be empowered to apply Community law.
(7)National courts have an esntial part to play in applying the Community competition rules.When
deciding disputes between private individuals,they protect the subjective rights under Community law,for example by awarding damages to the victims of infringements.The role of the national courts here complements that of the competition authorities of the Member States.They should therefore be allowed to apply Articles81and82of the Treaty in full.
(8)In order to ensure the effective enforcement of the Community competition rules and the proper
functioning of the cooperation mechanisms contained in this Regulation,it is necessary to oblige the competition authorities and courts of the Member States to also apply Articles81and82of the Treaty where they apply national competition law to agreements and practices which may affect trade between Member States.In order to create a level playing field for agreements,decisions by associations of undertakings and concerted practices within the internal market,it is also necessary to determine pursuant to Article83(2)(e)of the Treaty the relationship between national laws and Community competition law.To that effect it is necessary to provide that the application of national co
mpetition laws to agreements,decisions or concerted practices within the meaning of Article 81(1)of the Treaty may not lead to the prohibition of such agreements,decisions and concerted practices if they are not also prohibited under Community competition law.The notions of agree-ments,decisions and concerted practices are autonomous concepts of Community competition law covering the coordination of behaviour of undertakings on the market as interpreted by the Community Courts.Member States should not under this Regulation be precluded from adopting and applying on their territory stricter national competition laws which prohibit or impo sanc-tions on unilateral conduct engaged in by undertakings.The stricter national laws may include provisions which prohibit or impo sanctions on abusive behaviour toward economically depen-dent undertakings.Furthermore,this Regulation does not apply to national laws which impo crim-inal sanctions on natural persons except to the extent that such sanctions are the means whereby competition rules applying to undertakings are enforced.
(9)Articles81and82of the Treaty have as their objective the protection of competition on the market.
This Regulation,which is adopted for the implementation of the Treaty provisions,does not preclude Member States from implementing on their territory national legislation,which protects other legitimate interests provided that such legislation is compatible with general principles and other prov
isions of Community law.In so far as such national legislation pursues predominantly an objective different from that of protecting competition on the market,the competition authorities and courts of the Member States may apply such legislation on their territory.Accordingly,Member States may under this Regulation implement on their territory national legislation that prohibits or impos sanctions on acts of unfair trading practice,be they unilateral or contractual.Such legisla-tion pursues a specific objective,irrespective of the actual or presumed effects of such acts on competition on the market.This is particularly the ca of legislation which prohibits undertakings from imposing on their trading partners,obtaining or attempting to obtain from them terms and conditions that are unjustified,disproportionate or without consideration.
(10)Regulations such as19/65/EEC(1),(EEC)No2821/71(2),(EEC)No3976/87(3),(EEC)No1534/
91(4),or(EEC)No479/92(5)empower the Commission to apply Article81(3)of the Treaty by Regulation to certain categories of agreements,decisions by associations of undertakings and concerted practices.In the areas defined by such Regulations,the Commission has adopted and may continue to adopt so called‘block’exemption Regulations by which it declares Article81(1)of the Treaty inapplicable to categories of agreements,decisions and concerted practices.Where agree-ments,decisions and concerted practices to which such Regulations apply nonetheless have effects t
hat are incompatible with Article81(3)of the Treaty,the Commission and the competition authori-ties of the Member States should have the power to withdraw in a particular ca the benefit of the block exemption Regulation.
(11)For it to ensure that the provisions of the Treaty are applied,the Commission should be able to
address decisions to undertakings or associations of undertakings for the purpo of bringing to an end infringements of Articles81and82of the Treaty.Provided there is a legitimate interest in doing so,the Commission should also be able to adopt decisions which find that an infringement has been committed in the past even if it does not impo a fine.This Regulation should also make explicit provision for the Commission's power to adopt decisions ordering interim measures,which has been acknowledged by the Court of Justice.
(12)This Regulation should make explicit provision for the Commission's power to impo any remedy,
whether behavioural or structural,which is necessary to bring the infringement effectively to an end,having regard to the principle of proportionality.Structural remedies should only be impod either where there is no equally effective behavioural remedy or where any equally effective beha-vio
ural remedy would be more burdensome for the undertaking concerned than the structural remedy.Changes to the structure of an undertaking as it existed before the infringement was committed would only be proportionate where there is a substantial risk of a lasting or repeated infringement that derives from the very structure of the undertaking.
(13)Where,in the cour of proceedings which might lead to an agreement or practice being prohibited,
undertakings offer the Commission commitments such as to meet its concerns,the Commission should be able to adopt decisions which make tho commitments binding on the undertakings concerned.Commitment decisions should find that there are no longer grounds for action by the Commission without concluding whether or not there has been or still is an infringement.Commit-ment decisions are without prejudice to the powers of competition authorities and courts of the Member States to make such a finding and decide upon the ca.Commitment decisions are not appropriate in cas where the Commission intends to impo a fine.
(1)Council Regulation No19/65/EEC of2March1965on the application of Article81(3)(The titles of the Regulations
have been adjusted to take account of the renumbering of the Articles of the EC Treaty,in accordance with Article 12of the Treaty of Amsterdam;the original reference was to Article85(3)of the Treaty)of the Treaty to certain cate-gories of agreements and concerted practices(OJ36,6.3.1965,p.533).Regulation as last amended by Regulation (EC)No1215/1999(OJ L148,15.6.1999,p.1).
(2)Council Regulation(EEC)No2821/71of20December1971on the application of Article81(3)(The titles of the
Regulations have been adjusted to take account of the renumbering of the Articles of the EC Treaty,in accordance with Article12of the Treaty of Amsterdam;the original reference was to Article85(3)of the Treaty)of the Treaty to categories of agreements,decisions and concerted practices(OJ L285,29.12.1971,p.46).Regulation as last amended by the Act of Accession of1994.
(3)Council Regulation(EEC)No3976/87of14December1987on the application of Article81(3)(The titles of the
Regulations have been adjusted to take account of the renumbering of the Articles of the EC Treaty,in accordance with Article12of the Treaty of Amsterdam;the original reference was to Article85
(3)of the Treaty)of the Treaty to certain categories of agreements and concerted practices in the air transport ctor(OJ L374,31.12.1987,p.9).
Regulation as last amended by the Act of Accession of1994.
(4)Council Regulation(EEC)No1534/91of31May1991on the application of Article81(3)(The titles of the Regula-
tions have been adjusted to take account of the renumbering of the Articles of the EC Treaty,in accordance with Article12of the Treaty of Amsterdam;the original reference was to Article85(3)of the Treaty)of the Treaty to certain categories of agreements,decisions and concerted practices in the insurance ctor(OJ L143,7.6.1991,p.1).
(5)Council Regulation(EEC)No479/92of25February1992on the application of Article81(3)(The titles of the Regu-
lations have been adjusted to take account of the renumbering of the Articles of the EC Treaty,in accordance with Article12of the Treaty of Amsterdam;the original reference was to Article85(3)of the Treaty)of the Treaty to certain categories of agreements,decisions and concerted practices between l
iner shipping companies(Consortia)(OJ L55,29.2.1992,p.3).Regulation amended by the Act of Accession of1994.
(14)In exceptional cas where the public interest of the Community so requires,it may also be expe-
dient for the Commission to adopt a decision of a declaratory nature finding that the prohibition in Article81or Article82of the Treaty does not apply,with a view to clarifying the law and ensuring its consistent application throughout the Community,in particular with regard to new types of agreements or practices that have not been ttled in the existing ca-law and administrative prac-tice.
(15)The Commission and the competition authorities of the Member States should form together a冰血暴第二季
network of public authorities applying the Community competition rules in clo cooperation.For that purpo it is necessary to t up arrangements for information and consultation.Further modal-ities for the cooperation within the network will be laid down and revid by the Commission,in clo cooperation with the Member States.
(16)Notwithstanding any national provision to the contrary,the exchange of information and the u of
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such information in evidence should be allowed between the members of the network even where the information is confidential.This information may be ud for the application of Articles81and 82of the Treaty as well as for the parallel application of national competition law,provided that the latter application relates to the same ca and does not lead to a different outcome.When the infor-mation exchanged is ud by the receiving authority to impo sanctions on undertakings,there should be no other limit to the u of the information than the obligation to u it for the purpo for which it was collected given the fact that the sanctions impod on undertakings are of the same type in all systems.The rights of defence enjoyed by undertakings in the various systems can be considered as sufficiently equivalent.However,as regards natural persons,they may be subject to substantially different types of sanctions across the various systems.Where that is the ca,it is necessary to ensure that information can only be ud if it has been collected in a way which respects the same level of protection of the rights of defence of natural persons as provided for under the national rules of the receiving authority.
(17)If the competition rules are to be applied consistently and,at the same time,the network is to be
managed in the best possible way,it is esntial to retain the rule that the competition authorities of the Member States are automatically relieved of their competence if the Commission initiates its own
proceedings.Where a competition authority of a Member State is already acting on a ca and the Commission intends to initiate proceedings,it should endeavour to do so as soon as possible.
Before initiating proceedings,the Commission should consult the national authority concerned.
(18)To ensure that cas are dealt with by the most appropriate authorities within the network,a general
provision should be laid down allowing a competition authority to suspend or clo a ca on the ground that another authority is dealing with it or has already dealt with it,the objective being that each ca should be handled by a single authority.This provision should not prevent the Commis-sion from rejecting a complaint for lack of Community interest,as the ca-law of the Court of Justice has acknowledged it may do,even if no other competition authority has indicated its inten-tion of dealing with the ca.
(19)The Advisory Committee on Restrictive Practices and Dominant Positions t up by Regulation No
17has functioned in a very satisfactory manner.It will fit well into the new system of decentralid ap
plication.It is necessary,therefore,to build upon the rules laid down by Regulation No17,while improving the effectiveness of the organisational arrangements.To this end,it would be expedient to allow opinions to be delivered by written procedure.The Advisory Committee should also be able to act as a forumfor discussing cas that are being handled by the com petition authorities of the Member States,so as to help safeguard the consistent application of the Community competition rules.
(20)The Advisory Committee should be compod of reprentatives of the competition authorities of
the Member States.For meetings in which general issues are being discusd,Member States should be able to appoint an additional reprentative.This is without prejudice to members of the Committee being assisted by other experts from the Member States.
(21)Consistency in the application of the competition rules also requires that arrangements be estab-
lished for cooperation between the courts of the Member States and the Commission.This is rele-vant for all courts of the Member States that apply Articles81and82of the Treaty,whether applying the rules in lawsuits between private parties,acting as public enforcers or as review courts.In partic
ular,national courts should be able to ask the Commission for information or for its opinion on points concerning the application of Community competition law.The Commission and the competition authorities of the Member States should also be able to submit written or oral obrvations to courts called upon to apply Article81or Article82of the Treaty.The obrva-tions should be submitted within the framework of national procedural rules and practices including tho safeguarding the rights of the parties.Steps should therefore be taken to ensure that the Commission and the competition authorities of the Member States are kept sufficiently well informed of proceedings before national courts.
(22)In order to ensure compliance with the principles of legal certainty and the uniform application of成都高铁乘务学校
the Community competition rules in a system of parallel powers,conflicting decisions must be avoided.It is therefore necessary to clarify,in accordance with the ca-law of the Court of Justice, the effects of Commission decisions and proceedings on courts and competition authorities of the Member States.Commitment decisions adopted by the Commission do not affect the power of the courts and the competition authorities of the Member States to apply Articles81and82of the Treaty.
(23)The Commission should be empowered throughout the Community to require such information to
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be supplied as is necessary to detect any agreement,decision or concerted practice prohibited by Article81of the Treaty or any abu of a dominant position prohibited by Article82of the Treaty.
When complying with a decision of the Commission,undertakings cannot be forced to admit that they have committed an infringement,but they are in any event obliged to answer factual questions and to provide documents,even if this information may be ud to establish against them or against another undertaking the existence of an infringement.universal
(24)The Commission should also be empowered to undertake such inspections as are necessary to detect
any agreement,decision or concerted practice prohibited by Article81of the Treaty or any abu of
a dominant position prohibited by Article82of the Treaty.The competition authorities of the
Member States should cooperate actively in the exerci of the powers.
(25)The detection of infringements of the competition rules is growing ever more difficult,and,in order
to protect competition effectively,the Commission's powers of investigation need to be supple-mente
d.The Commission should in particular be empowered to interview any persons who may be in posssion of uful information and to record the statements made.In the cour of an inspec-tion,officials authorid by the Commission should be empowered to affix als for the period of time necessary for the inspection.Seals should normally not be affixed for more than72hours.Offi-cials authorid by the Commission should also be empowered to ask for any information relevant to the subject matter and purpo of the inspection.
(26)Experience has shown that there are cas where business records are kept in the homes of directors
or other people working for an undertaking.In order to safeguard the effectiveness of inspections, therefore,officials and other persons authorid by the Commission should be empowered to enter any premis where business records may be kept,including private homes.However,the exerci of this latter power should be subject to the authorisation of the judicial authority.
(27)Without prejudice to the ca-law of the Court of Justice,it is uful to t out the scope of the
control that the national judicial authority may carry out when it authoris,as foreen by national law including as a precautionary measure,assistance from law enforcement authorities in order to ov
ercome possible opposition on the part of the undertaking or the execution of the decision to carry out inspections in non-business premis.It results from the ca-law that the national judicial authority may in particular ask the Commission for further information which it needs to carry out its control and in the abnce of which it could refu the authorisation.The ca-law also confirms the competence of the national courts to control the application of national rules governing the implementation of coercive measures.
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