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NEWSLETTER 2011
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The Course of Investigation and Conclusion
The legal base of the procedural step taken by the Commission is
Article 11(6) of Council Regulation No 1/2003 on the consequences of the
initiation of the proceedings
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and article 2(1) of Commission Regulation
No 773/2004 on the power of the Commission to initiate proceedings
with a view to adopting at a later stage a final decision on the substance
of the case.
The Commission intends to investigate possible import/export
restrictions, market sharing, and price coordination practices of the
cement producers, in the markets for cement and related products. The
Commission will also examine the consequences of such practices in the
European Economic Area (EEA), including restrictions on imports into
the EEA from countries outside the EEA in the markets for cement and
related products.
In terms of procedure, it should be underlined that the initiation
of an antitrust proceeding does not signify that the Commission has
conclusive proof of the infringement. The proceeding only means that
the Commission will start an in-depth investigation of the matter
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.
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The initiation of proceedings relieves the competition authorities of the Member States of
their authority to apply the competition rules laid down in Articles 101 and 102 of the Treaty.
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There is no legal deadline to complete inquiries into anticompetitive conduct. The duration of
the investigation will depend on several factors, including the complexity of the case, the co-
operation of the companies with the Commission, and the exercise of their rights of defense.