13 Amendments of Markus FERBER related to 2017/0063(COD)
Amendment 55 #
Proposal for a directive
Recital 1
Recital 1
(1) Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) are a matter of public policy and should be applied effectively throughout the Union to ensure that competition in the internal market is not distorted. Effective enforcement of Articles 101 and 102 TFEU is necessary to ensure more open competitive markets in Europe, where companies compete more on their merits and without company erected barriers to market entry, enabling them to generate wealth and create jobs. It protects consumers and undertakings active on the internal market from business practices that keep the prices of goods and services artificially high and enhances their choice of innovative goods and services.
Amendment 87 #
Proposal for a directive
Recital 27
Recital 27
(27) NCAs should have effective means to restore competition on the market by imposing proportionate structural and behavioural remedies. In order to prevent irreparable damage to competition during ongoing proceedings, NCAs must be put in a position to impose temporary measures. Member States should ensure that the undertakings concerned can have the appropriateness of such temporary measures reviewed by the administrative courts in a fast-track procedure.
Amendment 93 #
Proposal for a directive
Recital 30
Recital 30
(30) To ensure that undertakings and associations of undertakings comply with the investigation and decision-making powers of the NCAs, national administrative competition authorities must be able to impose effective fines for non- compliance, and periodic penalty payments to compel compliance with these powers either directly themselves in administrative proceedings or to seek the imposition of fines in non-criminal judicial proceedings. This is without prejudice to national laws of the Member States which provide for the imposition of such fines by courts in criminal judicial proceedings. Moreover, this Directive affects neither national rules on the standard of proof nor obligations of NCAs to ascertain the facts of the relevant case, provided that such rules and obligations are compatible with general principles of Union law. The fines and periodic penalty payments should be determined in an appropriate proportion to the total turnover of the undertakings and associations of undertakings concerned
Amendment 100 #
Proposal for a directive
Recital 34
Recital 34
(34) The deterrent effect of fines differs widely across Europe and in some Member States the maximum amount of the fine that can be set is very low. To ensure NCAs can set deterrent fines, the maximum amount of the fine should be set at a level of not lessmore than 10 % of the total worldwide turnover of the undertaking concerned. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine.
Amendment 119 #
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 the Protection of Human Rights and Fundamental Freedoms.
Amendment 130 #
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. If a formally filed complaint is rejected, the complainant shall have the right to have this decision reviewed by the administrative courts.
Amendment 166 #
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 specifiedn appropriate time limit. This obligation shall cover information which is accessible to the undertaking and association of undertakings. In that connection, requests for information made by national administrative competition authorities shall be specific and appropriate in scope.
Amendment 180 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States should ensure that the undertakings concerned can have the appropriateness of the temporary measures imposed by national administrative competition authorities reviewed by the administrative courts in a fast-track procedure.
Amendment 194 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that when national competition authorities determine the amount of the fine for an infringement of Article 101 or Article 102 TFEU regard is had both to the gravity and to the duration of the infringement and to the size and market power of the undertaking concerned.
Amendment 208 #
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 belowabove 10 % of its total worldwide turnover in the business year preceding the decision.
Amendment 215 #
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 belowabove 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 260 #
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 properly protected at every stage of the procedure.
Amendment 261 #
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 commitmentmeet the criteria referred to in paragraph 4(c).