- Subject to Articles 175 and 176, the Commission may, in respect of cross-border transactions or transactions with cross-border effects, monitor, investigate, detect, make determinations or take action to inhibit and penalise enterprises whose business conduct prejudices trade or prevents, restricts or distorts competition within the CSME.
- The Commission may, in accordance with applicable national laws, in the conduct of its investigations:
(a) secure the attendance of any person before it to give evidence;
(b) require the discovery or production of any document or part thereof; and
(c) take such other action as may be necessary in furtherance of the investigation.
- The Commission may, on the basis of its investigations, make determinations regarding the compatibility of business conduct with the rules of competition and other related provisions of the Treaty.
- The Commission shall, to the extent required to remedy or penalise anti-competitive business conduct referred to in Article 177:
(b) order the termination or nullification as the case may require, of agreements, conduct, activities or decisions prohibited by Article 170;
(c) direct the enterprise to cease and desist from anti-competitive business conduct and to take such steps as are necessary to overcome the effects of abuse of its dominant position in the market, or any other business conduct inconsistent with the principles of fair competition set out in this Chapter;
(i) order payment of compensation to persons affected; and
(j) impose fines for breaches of the rules of competition.
- The Commission may enter into such arrangements for the provision of services as may be necessary for the efficient performance of its functions.
- The Member States shall enact legislation to ensure that determinations of the Commission are enforceable in their jurisdictions.
- The Commission may establish its own rules of procedure.