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Special Report 32

European competition law has for some time been the subject of far-reaching reform efforts. Following the reorganisation of vertical and horizontal restrictions on competition, attention is currently focused on the amendment of antitrust procedural law. At the heart of these reform efforts lies the abolition of the preventive administrative notification procedure in favour of a system of legal exemptions with retrospective effect, which is to be organised on a decentralised basis. The Monopolies Commission identifies fundamental weaknesses in the planned system from a competition policy perspective and has considerable doubts regarding the legal admissibility of the proposal. As it must now be assumed that the reform project will be implemented despite the criticism voiced, the Monopolies Commission aims, with this special report, to raise awareness of the key issues arising from the fundamental reorganisation of procedural law and – as far as possible – to propose solutions.

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