Reflections on Regulation 1/2003, declarations of inapplicability and informal guidance
Regulation 1/2003, which replaced Regulation 17 of 1962, has worked remarkably well in practice. The time had come to bring the system of notification of agreements, negative clearance and individual exemptions to an end. However, until recently the Commission had not used the tools of declarations of inapplicability and informal guidance contained in Regulation 1 in relation to individual agreements, and there is a dearth of cases in which Article 101(3) has been seen to be applied in a posi...
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