IMPLEMENTATION OF SOME EU LEGISLATION BY THE EUROPEAN COMMISSION Cover Image

IMPLEMENTACIJA NEKIH PROPISA EU OD STRANE EVROPSKE KOMISIJE
IMPLEMENTATION OF SOME EU LEGISLATION BY THE EUROPEAN COMMISSION

Author(s): Mile Račić, Siniša Domazet
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: European Union; European Commission; Abuse of dominant position; implementation; Regulation 1/2003;

Summary/Abstract: Article 102 TFEU provides for the prohibition of abuse of dominant position. The Commission shall, in accordance with the provisions of the TFEU, examine each case individually and make the appropriate decision. The process of implementation of Article 102 TFUE was worked out by Regulation 1/2003, appropriate Regulation on the implementation of the relevant Regulation 1/2003, and Guidelines on the Method of Setting Fines from 2006. The procedure provided for in that legislation is very complex and represents an expression of desire of the Commission to ensure effective control procedure, but also to prevent potential abuse. New provisions provided by Regulation 1/2003 relating to, among other things, to leave the “two-level” regarding the request for providing information, inspections which should be conducted in private homes, offices and vehicles of directors or employees, the possibility for the Commission to take a statement from the person or entity which accept that solution, in order to obtain information relating to the contents of the investigation, as well as the ability to issue positive orders. The above procedure will be of great importance in the process of EU accession of Bosnia and Herzegovina.

  • Issue Year: 2013
  • Issue No: 4
  • Page Range: 203-222
  • Page Count: 20
  • Language: Bosnian, Croatian, Serbian