Traduction de «Principio della concorrenza » (Italien → Anglais) :

Furthermore, although it is true that Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, has introduced a great number of amendments to the rules of procedure relating to European Union competition law, there is nothing in those rules to suggest that they require lawyers in independent practice and in-house lawyers to be treated in the same way with respect to legal professional privilege, for that principle is not at all the subject-matter of the regulation which aims to reinforce the extent of the Commission’s powers of inspection, in particular as regards documents which ...[+++]may be the subject of such measures.

It must be recalled that the Court stated, in its reasoning in the judgment in AM S Europe v Commission relating to legal professional privilege in investigation procedures in matters of competition law, that that area of European Union law must take into account the principles and concepts common to the laws of the Member States concerning the observance of confidentiality, in particular, as regards certain communications between lawyer and client (see paragraph 18 of that judgment).

The Court stated, in its reasoning in the judgment in Case 155/79 AM S Europe v Commission [1982] ECR 1575 relating to legal professional privilege in investigation procedures in matters of competition law, that that area of European Union law must take into account the principles and concepts common to the laws of the Member States concerning the observance of confidentiality, in particular, as regards certain communications between lawyer and client.

Nevertheless, it is my understanding that the supporters of the “3 plus” idea pursue the very same objectives as the Commission in its current proposal: We want to optimise the allocation of merger cases between the Commission and national competition authorities in the light of the principle of subsidiarity, and it is our declared objective to reduce the number of so-called “multiple filings” as much as possible.

DRAFT COMMISSION DIRECTIVES ON - MOBILE AND PERSONAL COMMUNICATIONS - IMPLEMENTATION OF FULL COMPETITION IN TELECOMMUNICATIONS MARKETS The Council held a wide-ranging exchange of views on the above draft Directives based on Article 90(3) of the Treaty; it then adopted the following conclusions: "The COUNCIL - NOTES that the Commission requested, on 3 August 1995, any comments from the Council on the draft Commission Directive amending Directive 90/388/EEC as regards mobile and personal communications; sent the President-in-Office of the Council, on 29 September 1995, the draft Commission Directive amending Directive 90/388/EEC as regards the implementation of full competition in telecommunications markets; - NOTES also the public consult ...[+++]ation launched by the Commission following the publication of the two draft Directives in the Official Journal of the European Communities; - REAFFIRMS that it is important that the conditions governing the definition of the Community's future policy on the liberalization of telecommunications services and infrastructures should result from a political agreement based on the compromise of December 1989 and takes note of the Commission's support for this approach; - RECALLS in this connection the political agreement reached at the Telecommunications Council meeting on 17 November 1994, which was given concrete form in the Council Resolution of 22 December 1994 and in the statements made on that occasion; RECALLS that this Resolution recognizes in particular the principle of liberalization of telecommunication infrastructures on 1 January 1998, on the understanding that an additional transitional period is granted to certain Member States; - POINTS OUT that the Commission must also take account in its approach of the responsibilities of the European Parliament and the Council for the legislative provisions designed, on the basis of Commission proposals, to establish the European regulatory framework for telecommunications, parti ...

Mr Van Miert stressed the importance of sound management of competition policy and the benefits of apportioning tasks in the Community on the basis of the principle of subsidiarity.