Internal procedure to adopt Decisions imposing fines for anti-competitive conduct

La solicitud fue exitosa.

Mr. Charilaos. DROSOS

Dear Competition (COMP),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

A. Commission Decision C(2009) 3726 in Case COMP/C­3/37.990 - Intel

#1. The cover note (or equivalent) with which DG COMP dispatched to the Legal Services the very first draft version of the Decision. It is clarified that this request does not concern the main body of the draft Decision but only the cover note requesting the opinion of the Legal Services.

#2. The cover note (or equivalent) with which the Legal Services dispatched to DG COMP their opinion about the first draft (item #1) above. It is clarified that this request does not concern the main body of the opinion but only the cover note informing DG COMP the dispatch of main body of the opinion of the Legal Services.

#3. The favorable opinion of the Legal Services submitted to the College in process of formal adoption of the Decision, which is expected to be a different document than that requested under #3 above.

#4. The first few pages of the proposal of the Member of the Commission to the College to adopt the Decision by the written procedure, which are concerned with the internal process of the Commission to adopt the Decision. It is clarified that this request does not concern the main body of the Decision dealing with the substance of the case and most probably runs into hundred of pages.

#5. A copy of the duly signed Day Note covering the Decision according to the Commission’s Rule of Procedure and the Rules giving effect to the Rules of Procedure at the material time.

************

B. Commission Decision C(2006) 5700 in Case COMP/F/38.638 - Butadiene Rubber and Emulsion Styrene Butadiene Rubber

#6. The cover note (or equivalent) with which DG COMP dispatched to the Legal Services the very first draft version of the Decision. It is clarified that this request does not concern the main body of the draft Decision but only the cover note requesting the opinion of the Legal Services.

#7. The cover note (or equivalent) with which the Legal Services dispatched to DG COMP their opinion about the first draft (item #6) above. It is clarified that this request does not concern the main body of the opinion dealing with the substance of the case, but only the cover note informing DG COMP the dispatch of main body of the opinion of the Legal Services.

#8. The favorable opinion of the Legal Services submitted to the College in process of formal adoption of the Decision, which is expected to be a different document than that requested under #7 above.

#9. The first few pages of the proposal of the Member of the Commission to the College to adopt the Decision by the written procedure, which are concerned with the internal process of the Commission to adopt the Decision. It is clarified that this request does not concern the main body of the Decision dealing with the substance of the case and most probably runs into hundred of pages.

#10. A copy of the duly signed Day Note covering the Decision according to the Commission’s Rule of Procedure and the Rules giving effect to the Rules of Procedure at the material time.

************

C. Commission Decision C(2004) 900 in Case COMP/C-3/37.792 Microsoft

#11. The cover note (or equivalent) with which DG COMP dispatched to the Legal Services the very first draft version of the Decision. It is clarified that this request does not concern the main body of the draft Decision but only the cover note requesting the opinion of the Legal Services.

#12. The cover note (or equivalent) with which the Legal Services dispatched to DG COMP their opinion about the first draft (item #11) above. It is clarified that this request does not concern the main body of the opinion dealing with the substance of the case, but only the cover note informing DG COMP the dispatch of main body of the opinion of the Legal Services.

#13. The favorable opinion of the Legal Services submitted to the College in process of formal adoption of the Decision, which is expected to be a different document than that requested under #12 above.

#14. The first few pages of the proposal of the Member of the Commission to the College to adopt the Decision by the written procedure, which are concerned with the internal process of the Commission to adopt the Decision. It is clarified that this request does not concern the main body of the Decision dealing with the substance of the case and most probably runs into hundred of pages.

#15. A copy of the duly signed Day Note covering the Decision according to the Commission’s Rule of Procedure and the Rules giving effect to the Rules of Procedure at the material time.

************

D. Commission Decision C(2003) 457 in COMP/E-2/37.857-Organic Peroxides

#16. The cover note (or equivalent) with which DG COMP dispatched to the Legal Services the very first draft version of the Decision. It is clarified that this request does not concern the main body of the draft Decision but only the cover note requesting the opinion of the Legal Services.

#17. The cover note (or equivalent) with which the Legal Services dispatched to DG COMP their opinion about the first draft (item #16) above. It is clarified that this request does not concern the main body of the opinion dealing with the substance of the case, but only the cover note informing DG COMP the dispatch of main body of the opinion of the Legal Services.

#18. The favorable opinion of the Legal Services submitted to the College in process of formal adoption of the Decision, which is expected to be a different document than that requested under #17 above.

#19. The first few pages of the proposal of the Member of the Commission to the College to adopt the Decision by the written procedure, which are concerned with the internal process of the Commission to adopt the Decision. It is clarified that this request does not concern the main body of the Decision dealing with the substance of the case and most probably runs into hundred of pages.

#20. A copy of the duly signed Day Note covering the Decision according to the Commission’s Rule of Procedure and the Rules giving effect to the Rules of Procedure at the material time.

***********

E. FURTHER CLARIFICATIONS

The requested cover notes (or equivalent) may not necessarily be autonomous formal ‘notes’ signed by an official. They may be just (i) ‘pages’ in the CIS-Net system used for inter-services consultations, or (ii) ‘pages’ in a computer application used for exchange of ‘correspondence’ between the Commission’s administrative departments and the Legal Services, or iii) simple emails.

Yours faithfully,

Mr. Charilaos. DROSOS

 

EUROPEAN COMMISSION
Competition DG

 

 

 

 

Brussels, date of email

                              Acknowledgement of receipt

Subject : GESTDEM 2013-3567 - 2013-3568 - 2013-3569 - 2013-3570 - DROSOS -
ATT - access to information request - Internal procedure to adopt
Decisions imposing fines for anti-competitive conduct

 

Dear Sir,

Thank you for your e-mail dated 2013-07-07. We hereby acknowledge receipt
of your application for access to documents, which was registered on
08/07/2013 under reference number GESTDEM 2013-3567 - 2013-3568 -
2013-3569 - 2013-3570 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
29/07/2013. In case this time limit needs to be extended, you will be
informed in due course.

Yours faithfully,

 AT Registry, DG COMP

1 Adjuntos

Dear Mr. Drosos,
 
On 07/07/2013, you sent a request for access to documents to
Directorate-General for Competition (DG COMP – see below).
DG COMP advised the Secretariat-General of the European Commission (SG)
that some of the requested documents fall under the competency of the SG
(A copy of the duly signed Day Note covering the Decision according to
the Commission’s Rule of Procedure and the Rules giving effect to the
Rules of Procedure at the material time).
That is why I hereby acknowledge receipt of this parts of your request for
access to documents, namely nr. 5, 10, 15 and 20 (in green below - ref.:
gestdem 2013-3676).
In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days (05/08/2013).
 
Yours sincerely,
 
 
Paul SIMON
Unit SG.B.5, Transparency
European Commission
 

mostrar partes citadas

4 Adjuntos

Dear Mr Drosos,

Please find attached documents related to the above mentioned Gestdem request.

Kind regards

Michèle Van Kerkhoven
Case Assistant
European Commission
DG Competition
Cartels G-2
MADO 05/060
00 32 (0)2 29 51510

VAN KERKHOVEN Michele (COMP) would like to recall the message, "Case COMP/AT.38638 - BR-ESBR_Reply to GESTDEM 2013-3568 ".

3 Adjuntos

Dear Mr Drosos,

Please find attached documents related to the above mentioned Gestdem request.

Kind regards

Michèle Van Kerkhoven
Case Assistant
European Commission
DG Competition
Cartels G-2
MADO 05/060
00 32 (0)2 29 51510

Mr. Charilaos. DROSOS

Dear Competition (COMP),

Thank you very much for the release of the requested documents under #6 and #9 of the initial application.

I would like to take this opportunity to express my sincere and in-depth appreciation of the thoroughness and diligence of the DG COMP's handling of my application.

In view of the released document #9 and for the purposes of reducing the work-load on DG COMP in handling my application, the requests regarding the documents under #4, #14, #19 (...the proposal of the Member of the Commission to the College ...) are further restricted to the very first page and the last page(s) with the Conclusions (e.g. page no 1 and no 6 of the released document under #9).

Yours faithfully,

Mr. Charilaos. DROSOS

1 Adjuntos

 
Dear Mr. Drosos,
 
We refer to your requests for access to documents, dated 07/07/2013, sent
to DG COMP (ref. GESTDEM 2013-3567 - 3568 - 3569 – 3570). 
 
We hereby inform you that the part of your request concerning the legal
opinions rendered by the Legal Service has been transferred to it and
registered under reference GESTDEM 2013/3949.
 
The deadline to reply to your requests expires today. However, in view of
the fact that your application was notified to the Legal Service on 15
July and having into account the large number of other requests attributed
lately to our service, we have not been in a position to complete the
handling of this part of your request. Therefore, we have to extend the
prescribed period by another 15 working days (the new dead-line expires on
20 August 2013). We apologise for this delay and for any inconvenience
this may cause.
 
Yours sincerely,
 
___________________________
Isabel ITURRITZA
Legal Officer
 
European Commission
Legal Service

BERL 1/107
B-1049 Brussels/Belgium
+32 2-295 36 58
[1][email address]
 
 
 

References

Visible links
1. mailto:[email address]

1 Adjuntos

Dear Mr Drosos,
 
Please find attached the Commission's reply to your request for access to
documents related to the case 37.857 – Organic Peroxides which has been
registered under the reference GestDem 2013/3570.
 
Kind regards,
 
 
Monika KAWALEC
Case Assistant
European Commission
Directorate General for Competition
Directorate G - Cartels - Unit 6
, MADO 5/31
( +32 2 29 94987
 
 
 
 

1 Adjuntos

Dear Mr. Drosos,
 
Subject:        Your application for access to documents – Ref GestDem No
3676/2013 (nr. 5, 10, 15 and 20- see your mail, part in green below)
Thank you for your e-mail, requesting access to documents under Regulation
No 1049/2001 (1) regarding public access to European Parliament, Council
and Commission documents.
 
For your information:

 1. the only Commission's decision mentioned in your list, adopted by
delegation procedure, is the C(2003)457 (D point 20). Please note
that the reference of this decision does not correspond to a document
from DG COMPETITION, but from DG AGRICULTURE!
 2. there are no day notes covering  the decisions under points A, B, C,
indeed these decisions have been adopted by oral procedure.

 
A point 5 - Commission Decision C(2009) 3726: Adoption by oral procedure
on 13/05/2009 – see PV(2009)1874 available at this address:
[1]http://ec.europa.eu/transparency/regdoc/...
 
 
B point 10 - Commission Decision C(2006) 5700: Adoption by oral procedure
on 29/11/2006 – see PV(2006)1767 available at this address:
[2]http://ec.europa.eu/transparency/regdoc/...
 
 
C point  15 - Commission Decision C(2004) 900: Adoption by oral procedure
on 24/03/2004 – see PV(2006)1651 available at this address:
[3]http://ec.europa.eu/transparency/regdoc/...
 
 
D point20 - Commission Decision C(2003) 457: Adoption by delegation
procedure on 31/01/2003, here attached.
 
Please be informed that this day note is an electronic version of the
original day note, which has been deposited in the archives of the
Commission.
As this day note refers to a decision adopted by the Commission by
delegation procedure, they are neither signed manually nor electronically.
This copy is extracted from the Commission's electronic archive and fully
reflect the content of the original.
 
 
 
Yours sincerely,
For the Registry Director
Martine DEPREZ
European Commission
Secretariat General/Head of Unit  SG.A.1 (Registry)
Tel. +32 2 29 62236
_______________________________
(1) OJ L 145, 31.05.2001, page 43
 
 
A. Commission Decision C(2009) 3726 in Case COMP/C3/37.990 - Intel
#1. The cover note (or equivalent) with which DG COMP dispatched to
the Legal Services the very first draft version of the Decision. It
is clarified that this request does not concern the main body of
the draft Decision but only the cover note requesting the opinion
of the Legal Services.
#2. The cover note (or equivalent) with which the Legal Services
dispatched to DG COMP their opinion about the first draft (item #1)
above. It is clarified that this request does not concern the main
body of the opinion but only the cover note informing DG COMP the
dispatch of main body of the opinion of the Legal Services.
#3. The favorable opinion of the Legal Services submitted to the
College in process of formal adoption of the Decision, which is
expected to be a different document than that requested under #3
above.
#4. The first few pages of the proposal of the Member of the
Commission to the College to adopt the Decision by the written
procedure, which are concerned with the internal process of the
Commission to adopt the Decision. It is clarified that this request
does not concern the main body of the Decision dealing with the
substance of the case and most probably runs into hundred of pages.
#5. A copy of the duly signed Day Note covering the Decision
according to the Commission’s Rule of Procedure and the Rules
giving effect to the Rules of Procedure at the material time.
************
B. Commission Decision C(2006) 5700 in Case COMP/F/38.638 -
Butadiene Rubber and Emulsion Styrene Butadiene Rubber
#6. The cover note (or equivalent) with which DG COMP dispatched to
the Legal Services the very first draft version of the Decision. It
is clarified that this request does not concern the main body of
the draft Decision but only the cover note requesting the opinion
of the Legal Services.
#7. The cover note (or equivalent) with which the Legal Services
dispatched to DG COMP their opinion about the first draft (item #6)
above. It is clarified that this request does not concern the main
body of the opinion dealing with the substance of the case, but
only the cover note informing DG COMP the dispatch of main body of
the opinion of the Legal Services.
#8. The favorable opinion of the Legal Services submitted to the
College in process of formal adoption of the Decision, which is
expected to be a different document than that requested under #7
above.
#9. The first few pages of the proposal of the Member of the
Commission to the College to adopt the Decision by the written
procedure, which are concerned with the internal process of the
Commission to adopt the Decision. It is clarified that this request
does not concern the main body of the Decision dealing with the
substance of the case and most probably runs into hundred of pages.
#10. A copy of the duly signed Day Note covering the Decision
according to the Commission’s Rule of Procedure and the Rules
giving effect to the Rules of Procedure at the material time.
************
C. Commission Decision C(2004) 900 in Case COMP/C-3/37.792
Microsoft
#11. The cover note (or equivalent) with which DG COMP dispatched
to the Legal Services the very first draft version of the Decision.
It is clarified that this request does not concern the main body of
the draft Decision but only the cover note requesting the opinion
of the Legal Services.
#12. The cover note (or equivalent) with which the Legal Services
dispatched to DG COMP their opinion about the first draft (item
#11) above. It is clarified that this request does not concern the
main body of the opinion dealing with the substance of the case,
but only the cover note informing DG COMP the dispatch of main body
of the opinion of the Legal Services.
#13. The favorable opinion of the Legal Services submitted to the
College in process of formal adoption of the Decision, which is
expected to be a different document than that requested under #12
above.
#14. The first few pages of the proposal of the Member of the
Commission to the College to adopt the Decision by the written
procedure, which are concerned with the internal process of the
Commission to adopt the Decision. It is clarified that this request
does not concern the main body of the Decision dealing with the
substance of the case and most probably runs into hundred of pages.
#15. A copy of the duly signed Day Note covering the Decision
according to the Commission’s Rule of Procedure and the Rules
giving effect to the Rules of Procedure at the material time.
************
D. Commission Decision C(2003) 457 in COMP/E-2/37.857-Organic
Peroxides
#16. The cover note (or equivalent) with which DG COMP dispatched
to the Legal Services the very first draft version of the Decision.
It is clarified that this request does not concern the main body of
the draft Decision but only the cover note requesting the opinion
of the Legal Services.
#17. The cover note (or equivalent) with which the Legal Services
dispatched to DG COMP their opinion about the first draft (item
#16) above. It is clarified that this request does not concern the
main body of the opinion dealing with the substance of the case,
but only the cover note informing DG COMP the dispatch of main body
of the opinion of the Legal Services.
#18. The favorable opinion of the Legal Services submitted to the
College in process of formal adoption of the Decision, which is
expected to be a different document than that requested under #17
above.
#19. The first few pages of the proposal of the Member of the
Commission to the College to adopt the Decision by the written
procedure, which are concerned with the internal process of the
Commission to adopt the Decision. It is clarified that this request
does not concern the main body of the Decision dealing with the
substance of the case and most probably runs into hundred of pages.
#20. A copy of the duly signed Day Note covering the Decision
according to the Commission’s Rule of Procedure and the Rules
giving effect to the Rules of Procedure at the material time.
 
 
 
 
 

References

Visible links
1. http://ec.europa.eu/transparency/regdoc/...
2. http://ec.europa.eu/transparency/regdoc/...
3. http://ec.europa.eu/transparency/regdoc/...

3 Adjuntos

Dear Mr Drosos,
 
Further to my e-mail of yesterday, please find attached the annexes to the
Commission's response. I am sorry for this inconvenience.
 
Kind regards,
 
Monika KAWALEC
Case Assistant
European Commission
Directorate General for Competition
Directorate G - Cartels - Unit 6
, MADO 5/31
( +32 2 29 94987
 
 
 
 
 
_____________________________________________
From: KAWALEC Monika (COMP)
Sent: Wednesday, July 31, 2013 5:31 PM
To: '[FOI #633 email]'
Cc: COMP ACCESS TO DOCUMENTS; COMP GREFFE ANTITRUST
Subject: Reply to your request: GestDem 2013/3570
 
 
Dear Mr Drosos,
 
Please find attached the Commission's reply to your request for access to
documents related to the case 37.857 – Organic Peroxides which has been
registered under the reference GestDem 2013/3570.
 
Kind regards,
 
 
Monika KAWALEC
Case Assistant
European Commission
Directorate General for Competition
Directorate G - Cartels - Unit 6
, MADO 5/31
( +32 2 29 94987
 
 
 
 

7 Adjuntos

Dear Mr Drosos
 
Please find attached the reply to your request for access to documents.
 
Yours sincerely
 
 
BRIGITTE ARNOLD-WOERTZ
Responsible InfoDoc
 
European Commission
Legal Service
Information and Documentation (InfoDoc) 

BERL 1/90
B-1049 Brussels/Belgium
+32 2 295 08 47
[1][email address]

Legal service website on Europa
[2]http://ec.europa.eu/dgs/legal_service/in...
 
 
 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/dgs/legal_service/in...

4 Adjuntos

Dear Mr. Drosos,

 

Please find enclosed a letter and annexes concerning the above mentioned
case.

 

Kind regards,

 

Silvia EDER
Case Assistant
 
European Commission
DG COMPETITION/C-3-Antitrust

IT, Internet and Consumer electronics

B-1049 Brussels/Belgium

 

Office: MADO 27/076

Tel.: +32 2 298 46 19

[1][email address]

[2]http://ec.europa.eu/competition

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/competition

4 Adjuntos

Dear Mr. Drosos,

 

Please find enclosed a letter and annexes concerning the above mentioned
case.

 

Kind regards,

 

Silvia EDER
Case Assistant
 
European Commission
DG COMPETITION/C-3-Antitrust

IT, Internet and Consumer electronics

B-1049 Brussels/Belgium

 

Office: MADO 27/076

Tel.: +32 2 298 46 19

[1][email address]

[2]http://ec.europa.eu/competition

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/competition