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Abstract

It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a concomitant decrease in the number of cases dealt with by the Commission. The Commission could try to solve any problem of increasing workload by proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national courts rather than to the Commission, and by adopting or proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national courts rather than to the Commission, and by adopting or proposing the adoption of group exemptions under article 85(3) for less restrictive agreements.

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