Brussels, 30/03/2004 (Agence Europe) - On Tuesday, the European Commission adopted a series of communications and guidelines completing the new regulation 1/2003 on anti-trust rules. The overall exercise, called the "modernisation package" will enter into force on 1 May. The objective of the new regulation is to allocate the Commission new powers and procedures regarding agreements and abuse of dominant positions, while slimming down bureaucracy restricting companies and decentralising part of its tasks to the advantage of national authorities. Communications and guidelines adopted are as follows:
European Competition Network (ECN): Created a little over a year ago, the ECN brings together national competition authorities and the Commission to initiate dialogue between the parties and enable the Commission to make sure that national decision are applied in compliance with European rules. The communication adopted on this subject include new cooperation mechanisms between the Commission and the national authorities. It provides orientations and distribution of tasks and information exchange at different stages of the procedure. The question of confidentiality of information was also given substantial mention.
Suppression of notification system: the new system allows companies to initiate an agreement if the anti-competition effects are balanced out by sufficient advantages for consumes (Article 81§3). The Commission decided, at the request of Member States and companies to publish guidelines for helping the different parties recognise when this article can be used.
New regulation on procedures: this regulation includes exact rules for a series of important aspects in the procedures by the Commission, such as hearing, complaints and access to files.
Notion of effect on competition: this involves the criteria determining the application of the Community rules. Jurisdiction and national competition authorities are therefore obliged to apply the competition rules with all agreements and practices likely to affect trade between Member States. guidelines adopted resume the abundance of existing jurisprudence in order to simplify it.
Cooperation between the Commission and national jurisdictions: the communication aims to help national jurisdictions apply the rules. It outlines the different ways for cooperation in the new regulation, such as the possibility of national jurisdictions requesting information and opinions from the Commission.
Guidance letters to companies: companies will e able to request the Commission provide them with clarification during procedures. The European Executive is, in this sense, disposed to provide advice to companies. To this effect, the Commission could write them "orientation letters" of formal notice and which will be published.