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Clifford Chance

Clifford Chance

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Too much of a good thing? Arguably. Article 9 commitments are being overused

21 October 2014

A debate is raging about the European Commission’s exercise of its discretion to accept commitments under article 9 of Council Regulation (EC) No 1/2003 (the Regulation) to resolve investigations of potential infringements of
competition law. While it is recognised that the article 9 route is an efficient course that offers real benefits to both interested parties and the Commission in achieving an expedited resolution, there is also growing unease that its use in some
instances could be to the detriment of the development of the law. This calls for a reassessment of either the nature and process associated with article 9 decisions or a curbing of their use in certain cases involving novel issues.
This article first appeared in Competition Law Insight for 16 September 2014

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Too much of a good thing? Arguably. Article 9 commitments are being overused

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