6 Amendments of Andreas SCHWAB related to 2017/0063(COD)
Amendment 91 #
Proposal for a directive
Recital 28
Recital 28
(28) Where in the course of proceedings which may lead to an agreement or a practice being prohibited, undertakings or associations of undertakings offer NCAs commitments which meet their concerns, these authorities should be able to adopt decisions which make these commitments binding on, and enforceable against, the undertakings concerned. Such cIn principle, such commitment decisions are not appropriate in cases of secret cartels, in respect of which NCAs should impose a fine. Commitment decisions should find that there are no longer grounds for action by the NCAs without concluding as to whether or not there has been an infringement of Article 101 TFEU or Article 102 TFEU. Commitment decisions are without prejudice to the powers of competition authorities and courts of the Member States to make such a finding of an infringement and decide upon a case.
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) 'independent lawyer' means an external lawyer who is not bound to the client by a relationship of employment;
Amendment 156 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that national administrative competition authorities can conduct all necessary unannounced inspections of undertakings and associations of undertakings for the application of Articles 101 and 102 TFEU. This Directive does not prevent Member States from requiring prior authorisation by a judicial authority for such inspections. Member States shall ensure that the officials and other accompanying persons authorised by national competition authorities to conduct an inspection are at minimum empowered:
Amendment 164 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Such inspections canshall not be carried out without the prior authorisation of a national judicial authority.
Amendment 183 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that in proceedings initiated with a view to a decision requiring that an infringement of Article 101 or Article 102 TFEU be brought to an end, national competition authorities may after seeking the views of market participants by decision make binding commitments offered by undertakings to meet the concerns expressed by these authorities. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the national competition authority concerned.
Amendment 191 #
Proposal for a directive
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) they fail to comply with a decision referred to in Articles 9, 10 and 11.