Competition European Law

Author: Paul Moore

  • Interim measures

    Interim Measures. IntroductionRegulation 17 did not directly address the issue of whether the Commission had power to adopt interim measures in relation to a suspected infringement of Article 101 and 102. However, in its 1980 order in the Camera Care case, the Court of Justice held that Art…

  • Hearing officer

    Information to be provided to the Hearing OfficerWhen the SO is issued, the case team needs to provide the Hearing Officer secretariat with the following information: – the names and positions of the persons representing the companies concerned and/or their legal advisers (with their powers…

  • Written procedure

    Written procedureThe written procedure is generally used for all measures which must be adopted directly by the College itself, but which do not require a debate in the College.More about Written procedurePrior approval of the Legal Service and agreement of the Directorates-General…

  • Written procedure Proposal

    Deciding whether to propose the written procedureThe Commission shall assess whether or not to propose to NCAs a written procedure, taking account of the likely efficiency gains for both NCAs and the Commission, having regard to the nature of the case, the type of draft decision being consi…

  • Written Reply to the Statement of Objections

    Complainants may make known their views in writingPursuant to Article 6(1) of Reg. 773/2004, "Where the Commission issues a statement of objections relating to a matter in respect of which it has received a complaint, it shall provide the complainant with a copy of the non-confidential…

  • Second Advisory Committee on fines

    Second Advisory Committee on finesThe purpose of this second Advisory Committee is to present the proposals of DG Competition on the level of fines, as agreed by the Commissioner. The invitation has to be sent out 14 days in advance, but without communication of the proposal on fines.Mo…

  • Self-Incriminating Nature

    How to react if a company claims that a question is of a self-incriminating natureWhere the addressee of a request for information pursuant to Article 18(2) of Regulation 1/2003 refuses to reply to a question in such a request invoking the privilege against self-incrimination, as defined by…

  • Sending the requests for information

    Sending the requests for informationRequests for information are normally signed by or on behalf of the Head of Unit or casemanager.More about Sending the requests for informationIt is advisable to send the request by fax or e-mail, if channels of communication with the addressee h…

  • Scope of the publication

    Scope of the publication of the DecisionThe Commission has a long established practice to publish its final antitrust decisions on DG Competition's website in order to ensure transparency, predictability and legal certainty, even though the Commission is under no legal obligation to do …

  • Settlement procedure

    Settlement procedure (Article 15 Reg. 773/2004): Access to relevant informationAccording to Article 15(1a) of Regulation 773/2004: "After the initiation of proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 and in order to enable the parties willing to introduce settlem…