Opening of Proceedings Decision Draft

Drafting the decision of opening proceedings

The decision opening proceedings should be kept short. Since the decision as such is notified to the parties it has to be drafted in the authentic language. In essence the decision states that it has been decided to open the proceedings pursuant to Article 11(6) of Regulation 1/2003 and Article 2 of Regulation 773/2004 in the case at stake and that the NCAs are relieved of their competence to apply Articles 101 and 102 of the TFEU to the same case.

More about Opening of Proceedings Decision Draft

The decision to open proceedings identifies the parties subject to the proceedings and briefly describes the scope of the investigation. In particular, it sets out the behaviour constituting the alleged infringement of Articles 101 and/or 102 TFEU to be covered by the investigation and normally identifies the territory and sector(s) where that behaviour takes place.

More about the Subject

It has to be underlined that the opening of proceedings does not prejudge in any way the existence of an infringement. The opening of proceedings merely indicates that DG Competition will further pursue the case as matter of priority. This important distinction is made clear in the decision notified to the parties, as well as in all public communications concerning the opening of the case.

Resources

See Also

References

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

Further Reading

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