The Commission's Informal Guidance Notice: A Way To Alleviate The Risks Of Antitrust Self Evaluation Under The New EC Competition Procedure Rules?

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The Commission's Informal Guidance Notice: A Way To Alleviate The Risks Of Antitrust Self Evaluation Under The New EC Competition Procedure Rules?

Regulation (EC) 1/20031 ("Regulation 1/2003") which will enter into force on 1 May 2004 brings about a fundamental reform to the procedural rules of European Competition Law. The changes place the burden of assessing whether an agreement is compatible with competition law entirely on undertakings and associations of undertakings and, at the same time, entitles national competition authorities and courts to comprehensively apply the competition rules of Articles 81 and 82 EC Treaty ("EC"). In order to provide the companies with support in the application of and operating on the new system, on 1 October 2003 the Commission has published its "Modernisation Package...

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