8 Amendments of Thierry CORNILLET related to 2017/0063(COD)
Amendment 117 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
The exercise of the powers referred to in this Directive by national competition authorities shall be subject to appropriate safeguards, including respect of undertakings̕ rights of defence and the right to an effective remedy before a tribunal, in accordance with general principles of Union law and the Charter of Fundamental Rights of the European Union and article 6 of the European Convention on Human Rights. Tribunals shall be empowered to review the decisions of national competition authorities. This review shall not be limited to legality control but shall also address the merits of the case, including the reasoning relating to the anticompetitive practice and the assessment of the proportionality of the sanction.
Amendment 133 #
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 shall be able to request the judicial review of national competition authorities’ decisions to reject a complaint.
Amendment 176 #
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 pending 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 be proportionate and reasoned and shall apply for a specific reasonable period of time and may be renewed in so far that is necessary and appropriate. Undertakings shall be allowed to appeal interim measures decisions before a national judicial authority under an emergency procedure.
Amendment 209 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be set at a level belowexceed 10% of its total worldwide turnover in the business year preceding the decision.
Amendment 218 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at a level belowexceed 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 254 #
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Article 27a Limitation periods for investigations Member States shall ensure that national competition authorities can start an investigation on infringements of Articles 101 and 102 TFEU only for ...* years from the end of the infringement. ______________ *To be determined as an average of national practices.
Amendment 259 #
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 during the whole proceedings. All agents of national competition authorities should comply with this requirement.
Amendment 262 #
Proposal for a directive
Article 29 – paragraph 5
Article 29 – paragraph 5
5. When a competition authority transmits information provided voluntarily by an applicant pursuant to Article 12 of Regulation (EC) No 1/2003 without the consent of the applicant, Member States shall ensure that receiving national competition authorities are able to provide the commitment referred to in paragraph 4(c).