Consultation procedure

Consultation procedure

DG COMP must allow the consulted the Legal Service and the Directorate Generals at least 10 working days to respond – or 15 working days if the main body of the text (minus annexes) is longer than 20 pages.

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Departments unable to reply within the time limit for reasons beyond their control can ask for an extension provided they do so before the deadline. Any such requests should remain exceptional and must be duly substantiated.

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If a department consulted does not respond within the time limit, in legal terms this is taken to signify tacit approval (Point 23-4 of the Rules giving effect to the Rules of Procedure).

Other Considerations

Where the Legal Service or another consulted Directorate General disagrees the proposal cannot be adopted under the written procedure, but must be submitted to the oral procedure.

Resources

See Also

References

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

Further Reading

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