ESA Competence

ESA Competence

If a case needs to be transmitted to ESA for reasons of competence, a corresponding decision must be taken by the Commissioner, who has received an empowerment to this effect (Commission's decision of 6 April 1994, PV (1196) adopting SEC (94) 571, point 1.b). Once this decision is taken, the documents are sent to ESA, and Member States and undertakings concerned are informed hereof – as well as further comments on the case. The Commission will continue to be associated with further proceedings undertaken by ESA.

More about ESA Competence

Such transmission of cases should take place as early as feasible in the course of proceedings. It cannot take place after the sending of a statement of objections or of the letter informing an applicant that there are insufficient grounds for pursuing his complaint. Once a case has been transmitted for reasons of competence, a retransmission may no longer take place.

More about the Subject

It is conceivable that the ESA and the Commission disagree on the attribution of a case. If a solution cannot be found at working level, the issue must be brought before the Joint Committee of the EEA Agreement (for further contact Unit A 5/International Relations).

Resources

See Also

References

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

Further Reading

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