Reason for opening proceedings

Reason for opening proceedings

The opening (or “initiation”) of proceedings is a formal act of the Commission. 1

More about Reason for opening proceedings

The Commission will open proceedings under Article 11(6) of Regulation 1/2003 when the initial assessment leads to the conclusion that the case merits further investigation and where the scope of the investigation has been sufficiently defined.

More about the Subject

The opening of proceedings creates clarity as regards the allocation of the case within the ECN 2 and in relation to the parties and the complainant, if applicable. It also signals a commitment on the part of the Commission to further investigate the case as a matter of priority. DG Competition will thus allocate resources to the case and will endeavour to deal with the case in a timely manner.

Resources

See Also

References

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

Notes

[Note 1] See Case 48/72 Brasserie de Haecht [1973] ECR 77, para. 16 and pt.52 of the Commission Notice on cooperation within the Network of Competition Authorities (OJ C 101, 27.4.2004,,p.43), (“Network Notice”). On the opening of proceedings in general, see the Notice on best practices for the conduct of proceedings concerning Articles 101 and 102 TFEU (OJ C 308, 20.10.2011, p. 6) (“Notice on Antitrust Best Practices”).
[Note 2] The opening of proceedings relieves the national competition authorities of their competence to apply Articles 101 and 102 TFEU, see Article 11(6) of Regulation 1/2003.

Further Reading

• Information about Reason for opening proceedings in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)