Category: S
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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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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…
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Statement of Objections Information
Statement of Objections: Information to other DGs concernedAfter approval by the Legal Service, the relevant Directorate Generals for the product or service concerned should be informed 1 and – except in duly justified circumstances of urge…
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Self-Incrimination Admissible Questions
Categories of questions that are admissibleIn line with the existing case law two types of questions are fully compatible with the privilege against self-incrimination (i.e. these types of questions are lawful).More about Self-Incrimination Admissible QuestionsThe provision of docu…
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Statement of Objections Language regime
Statement of Objections Language regimeThe addressee of an SO has the right to receive all the correspondence, including the SO and the final decision, in the language or one of the languages of the Member State of its location following the general rules of the national legislation in ques…
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Self-Incrimination Definition
Definition of Self-IncriminationIn the Orkem-judgment (para. 34) the ECJ stated that the "Commission may not compel an undertaking to provide it with answers which might involve an admission on its part of the existence of an infringement which it is incumbent upon the Commission to pr…
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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…
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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…
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Statement of Objections Notification to competition authorities outside EEA
Notification of Statement of Objections to competition authorities outside EEAIf the case concerns a non-EEA-country, the case-team should check if there is an obligation to inform the third country competition authority about the fact that an SO has been notified to a company in its jurisd…
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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…