Author: Paul Moore
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Scope of the investigation after opening of proceedings
Possibility to change the scope of the investigation after opening of proceedingsThe opening of proceedings does not limit the right of the Commission to extend (or reduce) the scope and/or the addressees of the investigation at a later point in time; e.g. the in-depth investigation or a re…
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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…
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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="_…
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Statement of Objections Submission of the reply
Statement of Objections: Modalities for submission of the replyThe modalities for submission of the reply are set out in Article 10(3) of Regulation No 773/2004, which contains the following provisions: "The parties may, in their written submissions, set out all facts known to them whi…
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Statement of Objections Indication of sanctions
Statement of Objections Indication of sanctions and remediesThe SO must also clearly indicate whether the Commission intends to impose fines (Article 23 of Regulation 1/2003), a periodic penalty payment (Article 24) or other remedies (structural or behavioural), should the objections be uph…
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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…
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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…
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Statement of Objections access to file
Statement of Objections: Information on access to fileThe cover letter sending the SO should mention that the parties have a right to access to the file 1 and the arrangements proposed for that (see detailed description in the Module Access …
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Statement of Objections Draft
Drafting the Statement of Objections (SO)The case team is in charge of drafting the SO. It may request support from the Antitrust and Merger Case Support Unit and, if relevant, the Chief Economist Team.ResourcesSee AlsoReferencesInformation about Statement of …
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Statement of Objections Notification
Notification of Statement of Objections to addresseesAn SO is addressed and notified individually to each party by the Secretariat General ("SG") together with the cover letter explaining the rights of the addressees (see further here below Section 6).More about Statement of O…