Institutional Aspects of European Commission Guidance in the Area of Antitrust Law

Ben Smulders, Apr 30, 2009

From an institutional law perspective, the question arises how to qualify the more than thirty existing communications, notices and guidelines which the Commission has issued in the area of antitrust law. It is uncontested that they are not legislation adopted by the Commission on the basis of an empowerment granted by the Council of Ministers under Article 83 EC and that is the reason why the Commission itself often refers to them as non regulatory documents. But do the documents also produce legal effects?

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