The following article discusses issues that arise if a case is closed on administrative priorities (rather than no grounds for action) at later stages in an investigation.  This happened in a recent case concerning discounts in the pharmaceutical sector.  The position is unsatisfactory from the point of legal certainty but its root seems to lie in the growing divergence between authorities and the courts in Article 102/Chapter II cases (see article: Mind the Gap: Competition authorities v the courts).

Read the article here

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