Competition European Law

Month: October 2014

  • Third parties replies to the Statement of Objections

    Parties, third parties and complaintsAccording to the Best Practices Notice 1 , where required by the rights of defence 2 , or where it may in the Commission's view help to further clarify …

  • The oral hearing Organisation

    The oral hearing – OrganisationOral hearings are conducted by the Hearing Officer in accordance with Articles 10-13 of the HO Terms of Reference and with Article 14(1) of Regulation 773/2004.More about The oral hearing OrganisationThe following principles apply: – The oral hearing …

  • Taking position on immunity application

    Taking position on immunity application and establishing first priority assessment – a note to the CommissionerTiming: The Commission will endeavour to take position on an immunity application in a short timeframe. However, the time needed will depend on the complexity of the case. For inst…

  • Supplementing the application

    Supplementing the application before a decision on conditional immunitySo long as no other immunity application has been received in respect of the same facts, the application may be supplemented by further evidence. The applicant bears the risk of not getting conditional immunity if anothe…

  • Supplementary Statement of Objections

    New facts or evidence after the SO: Supplementary Statement of ObjectionsDue observance of the rights of defence requires that the undertakings and associations of undertakings concerned be afforded the opportunity to make known their views on the truth and relevance of the facts, objection…

  • Summary of the decision

    Summary of the decisionPursuant to Article 30(2) Reg. 1/2003, the publication in the OJ shall state the – names of the parties, – main content of the decision, – including any penalties imposed.More about Summary of the decisionThese elements therefore have to be contained in the p…

  • Sufficient interest

    Third parties can be heard only if they show "sufficient interest" (Article 27(3) of Regulation 1/2003)Other natural or legal persons, who have shown sufficient interest, must be informed in writing of the nature and subject matter of the procedure and set a time-limit within whic…

  • Submission of an informal commitments offer

    Submission of an informal commitments offerShould the parties, after being confronted with the Commission's concerns in the State of Play meeting, decide to offer commitments, they need to convince the Commission that this offer is serious and credible <a name=t1 href=#f1 target="_…

  • Statement of Objections Transmission to third parties

    Transmission of Statement of Objections to complainants and other third partiesPursuant to Article 6 of Regulation 773/2004, "where the Commission issues an SO relating to a matter in respect of which it has received a complaint, it shall provide the complainant with a copy of the non-…

  • Statement of Objections Transmission to Member States

    Transmission of Statement of Objections to Member States and ESAVia secure e-mail connection an encrypted copy of the SO and the cover letter addressed to the undertakings are transmitted, without delay, to all NCAs. Before the transmission, remember to add the date of the SO given by the S…