Hearing Final report
Hearing Officer's Final report
The following information is required by the Hearing Officer for drafting the final report: (a) copies of all versions of the draft decision should be sent to the HO during inter-service consultations; – information on whether the draft decision includes any material deviation in the objections (e.g., new or modified objection) or in the evidence used as compared to the SO (e.g. new incriminating evidence introduced).
More about Hearing Final report
The final report considers (Article 16(1) of the HO Terms of Reference): (a) whether participants in antitrust proceedings have been able to effectively exercise their procedural rights; (b) whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views.
More about the Subject
The final report is drafted in EN, FR, DE and all the authentic languages of the case and submitted to the competent member of the Commission, the Director General for Competition and the Director responsible, and is communicated to the competent authorities of the Member States and, in accordance with the provisions on cooperation laid down in Protocol 23 of the EEA Agreement, to the EFTA Surveillance Authority (Article 16(2) of the HO Terms of Reference).
It is notified to the parties and published together with the final decision.
Timing: (a) Member States must have the draft final report when discussing the draft decision at the Advisory Committee (AC). – The draft final report is sent by the Hearing Officer to the DG, the Cabinet and the NCAs before the AC Meeting. – According to Article 17 of the HO's Terms of Reference, the final report has to be attached to the draft decision submitted to the College, in order to ensure that, when it reaches a decision on an individual case, the College is fully apprised of all relevant information as to the course of the procedure and that the effective exercise of procedural rights has been respected throughout the proceedings. – After the AC Meeting, the HO's secretariat personally delivers the original final report (in all necessary linguistic versions) to the SG and a copy to the case team for the file.
The report may be modified by the Hearing Officer in the light of any amendments to the draft decision up to the time the Commission adopts the decision.
- Information about Hearing Final report in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
- Information about Hearing Final report in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)