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ARTICLE · 24 FEBRUARY 2005

The New Commitments Procedure: Compliance without Accepting Guilt

Mayer Brown
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Council Regulation 1/2003 of 16 December 2002 on the implementation of the rules on competition in Articles 81 and 82 of the Treaty<SUP>1</SUP> ("Regulation 1/2003") has revolutionized the enforcement of the EC competition law since its entry into force in May 2004. Regulation 1/2003 introduces major changes in the procedure governing the implementation of art. 81 and 82 of the EC Treaty ("ECT).

BelgiumTax
Arantzazu Golderos
Arantzazu Golderos
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Council Regulation 1/2003 of 16 December 2002 on the implementation of the rules on competition in Articles 81 and 82 of the Treaty1 ("Regulation 1/2003") has revolutionized the enforcement of the EC competition law since its entry into force in May 2004. Regulation 1/2003 introduces major changes in the procedure governing the implementation of art. 81 and 82 of the EC Treaty ("ECT").

The changes rest on three main pillars: the abolition of the notification system seeking exemption under art. 81(3) ECT, the decentralization of the application of the EC competition rules to the National Competition Authorities and the national courts and an increase in the enforcement powers of the European Commission (the "Commission"). This article deals with a new formalised method of ending Commission investigations, which it is hoped will bring legal certainty and a quicker process. Previously, when the Commission investigated a matter it formally by a decision that either there was no

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