9 Amendments of Anne SANDER related to 2017/0063(COD)
Amendment 122 #
Judiciaries must be empowered to scrutinise the decisions of national competition authorities by instituting effective remedy procedures.
Amendment 132 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) National administrative competition authorities have the power to set their priorities for carrying out tasks for the application of Articles 101 and 102 TFEU as defined in Article 5(2). To the extent that national administrative competition authorities are obliged to consider complaints which are formally filed, this shall include the power of those authorities to reject such complaints on the grounds that they do not consider them to be a priority. This is without prejudice to the power of national competition authorities to reject complaints on other grounds defined by national law. Complainants must be able to request a judicial review of decisions taken by national competition authorities to reject a complaint.
Amendment 159 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that undertakings and associations of undertakings are required to submit to inspections conducted by national administrative competition authorities. In line with national legislation, inspections cannot be carried out without a prior authorisation by the national judicial authority. Where an undertaking or association of undertakings opposes an inspection ordered by a national administrative competition authority or authorised by a national judicial authority, national competition authorities can obtain the necessary assistance of the police or of an equivalent enforcement agency so as to enable them to conduct the inspection. Such assistance may also be obtained as a precautionary measure.
Amendment 161 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that if a reasonable suspicion exists that books or other records related to the business and to the subject matter of the inspection which may be relevant to prove a serious violation of Article 101 or Article 102 TFEU are being kept in any premises other than those referred to in Article 6, land or means or transport, including the homes of directors, managers, and other members of staff of undertakings and associations of undertakings, national administrative competition authorities may conduct unannounced inspections in such premises, land and means of transport. Such a reasonable suspicion must be based on substantive and consistent evidence expressly referred to in the decision of the judicial authority.
Amendment 168 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of Articles 101 and 102 TFEU within a specified time limit, which must be reasonable and compatible with the requirement. This obligation shall cover information which is accessible to the undertaking and association of undertakings.
Amendment 175 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that national administrative competition authorities acting on their own initiative may by decision order the imposition of interim measures on undertakings at least in cases where there is urgency due to the risk of serious and irreparable harm to competition and on the basis of a prima facie finding of an infringement of Article 101 or Article 102 TFEU. Such a decision shall apply for a specific, reasonable period of time and may be renewed in so far that is necessary and appropriate. Undertakings or associations of undertakings shall be authorised to appeal to a national judicial authority against decisions on interim measures under an urgent procedure.
Amendment 247 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Member States shall ensure that when national administrative competition authorities carry out an inspection on behalf of and for the account of other national competition authorities pursuant to Article 22 of Council Regulation (EC) No 1/2003, officials and other accompanying persons authorised by the requesting national competition authority shall be permitted to attend and actively assistthe inspection by the requested national competition authority in the inspection by exercising the powers referred to in Articles 6 and 7.
Amendment 252 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that national competition authorities can initiate an inquiry into the infringements referred to in Articles 101 and 102 TFEU only within four years from the end of the infringement.
Amendment 258 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Member States shall ensure that business secrets are adequately protected throughout the procedure. All agents of national competition authorities shall comply with this requirement.