Category: S

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • Statement of Objections Reply initial time-limit

    Statement of Objections Deadline for Reply: initial time-limitThe deadline to reply to the SO starts when the parties have received the most important documents from the Commission's file (i.e. the CD-ROM/DVD)$$33% and time begins to run as from the day after the receipt of these docume…

  • Simple requests for information

    Drafting simple requests for informationA simple request for information (Art 18 (2)) contains a cover letter and generally four/five annexes.More about Simple requests for informationThe cover letter states the legal basis and the purpose of the request. It fixes the time-limit wi…

  • 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…

  • Specific confidentiality safeguards

    Specific confidentiality safeguardsIn exceptional cases where a risk exists that a Member State competition authority could not guarantee that commercially sensitive information is not used by another "arm of the State" for purposes other than the enforcement of Articles 101 and 1…