Closure of Proceedings

Closure of Proceedings. General Remarks

The present module only relates to the “closure of proceedings”, which is distinct from the administrative “closure of the file”. It is important to keep in mind the distinction between the two: – the closure of proceedings, which mirrors the decision of opening of proceedings in a given case, under Art. 11(6) Reg. 1/2003 and Art. 2(1) Reg. 773/2004. This is done by the adoption of a decision by the Director General for Competition on the basis of powers that have been subdelegated to him/her; – the closure of the file: this is a purely administrative closure (which implies that the case, which bears a case management application number, does not remain endlessly “open” in this database) (see the module on administrative closure of the file).

Resources

See Also

References

• Information about Closure of Proceedings in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Closure of Proceedings in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Closure of Proceedings. Main Issues

Normally at the end of the initial assessment phase (i.e. once the case has been considered to merit further investigation) or at a later stage (at the latest when a SO is adopted), proceedings are initiated by a Commission decision (to exercise this competence the Competition Commissioner has received an empowerment) (see Module Opening of proceedings).

More about Closure of Proceedings

It is possible that such a proceeding will end with the adoption of, for instance, a prohibition decision, a commitment decision or/and a decision to reject a complaint.

More about the Subject

However, it may be that in the end no such decision is adopted, for instance if it appears that there is not sufficient evidence to find an infringement or if a complaint has been withdrawn. It may also be that a prohibition decision is adopted against some of the parties, but that the case needs to be closed against others, for instance because of the lack of evidence of their involvement in the infringement (partial closure).

Other Considerations

In such situations, the proceedings, that have been opened 1 , have to be closed (in full or in part) by a formal Commission decision (sub-delegated to the Director General for Competition) since proceedings were also initiated by Commission decision (taken by the Competition Commissioner under empowerment). This closure decision will be brief, giving no details as to the substance, but will simply state the fact of closure.

Resources

See Also

References

• Information about Closure of Proceedings in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] In cases where no proceedings have been opened such as in many complaint cases, a closure of proceedings is obviously not necessary.

Further Reading

• Information about Closure of Proceedings in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)