Officials and Member States in Oral Hearings

In view of the importance of the oral hearing, it is the practice of DG Competition to ensure the continuous presence of senior management (Director or Deputy Director General) in oral hearings in antitrust cases, together with the case team of Commission officials responsible for the investigation. The relevant member(s) of the cabinet of the Competition Commissioner, the Chief Economist's team, and principally concerned Commission services, including the Legal Service, are also invited to attend by the Hearing Officer.

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The Commission invites the competition authorities of the Member States to take part in the oral hearing. It may likewise invite officials and civil servants of other authorities of the Member States (Article 14(3) of Regulation 773/2004). In practice the invitations are sent by the Hearing Officer. When appropriate, the Hearing Officer invites the EFTA Surveillance Authority (ESA) and National Competition Authorities of the EEA States concerned to attend the oral hearing.

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Finally, the Hearing Officer may admit to the oral hearing as observers representatives of competition authorities of third countries in accordance with agreements concluded by the EU and such third countries (e.g., USA, Canada). Normally in such cases the Hearing Officer will ask the parties if they do not object to the admission of observers.

Resources

References

Information about Officials and Member States in Oral Hearings in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Officials and Member States in Oral Hearings

Officials and Member States in Oral Hearings