The following Competition practice note provides comprehensive and up to date legal information covering:
EU sector inquiries carried out under Article 17 of Regulation 1/2003 are industry wide probes where there are concerns that markets may not be working as well as they should be, but where the problem does not appear to be related to any unlawful action by individual companies.
The historic legal basis for EU sector inquiries can be found in Article 12 of Regulation 17/62. This was essentially an information gathering tool but it was rarely used. In the 1960s there were two inquiries (in the margarine and brewery sectors). It was not until 1999 that the Commission began to use the tool in a way that resembles its modern usage with a three-phase inquiry into the telecommunications sector.
Regulation 1/2003 provides the current legal basis for EU sector inquiries and contains similar, but strengthened, powers to those contained in Regulation 17/62 in respect of sector inquiries. Article 17 of Regulation 1/2003 provides that:
"Where the trend of trade between Member States, the rigidity of prices or other circumstances suggest that competition may be restricted or distorted within the [internal] market, the Commission may conduct its inquiry into a particular sector of the economy or into a particular type of agreements across various sectors. In the course of that inquiry, the Commission may request the undertakings or associations of undertakings concerned to supply the information necessary for
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.