A new call for ex-post evaluation of the implementation of antitrust remedies
The European Commission has launched a new call for tenders which intends to carry out a study of its remedies imposed in non-cartel antitrust cases. The study will consist of a descriptive part and an ex-post evaluation part.
Under Article 7(1) of Regulation 1/2003, where the Commission finds that there is an infringement of Articles 101 or 102 TFEU, it may by decision impose remedies, according to the following rules.
The Commission may require the firms concerned ‘to bring such infringement to an end’; such decisions are sometimes called ‘cease and desist orders’. For this purpose, the Commission may impose on them any behavioural or structural remedies which are proportionate to the infringement committed and necessary to bring the infringement effectively to an end. In this regard ‘structural remedies can only be imposed either where there is no equally effective behavioural remedy or where any behavioural remedy would be more burdensome for the undertaking