Decision-making powers of the Hearing Officer

Decision-making powers of the Hearing Officer

Decision-making powers of the Hearing Officer

The Hearing Officer has been granted decision-making powers with regards to the following issues (other than issues relating to the oral hearing, for which reference is made to section 4 below) : – in the investigation phase, decisions on extensions of time limits to respond to a decision requesting information pursuant to Article 18(3) of Reg 1/2003; – in the investigation phase, decisions ordering DG Competition to inform an undertaking which has been the addressee of an investigative measure of its procedural status; – decisions on whether to hear third persons showing sufficient interest; – decisions on the participation of complainants and interested third persons in oral hearings; – decisions on access to file requests by parties to proceedings; – decisions on access to documents and information by complainants and interested third persons, where they have a right to such documents and/or information; – decisions on disputes concerning the confidentiality of information which may constitute business secrets or other confidential information (the addressees of such HO decisions can appeal the decision before the General Court); and – decisions on extensions of time limits for parties to submit written comments on the statement of objections and for complainants and interested third persons to make known their views.

More about Decision-making powers of the Hearing Officer

Except for decisions under (c) and (d) the undertaking(s) concerned must first raise the issue with DG Competition. In case of disagreement, they may then refer the issues to the Hearing Officers.

More about the Subject

More details on the procedures applying to the decisions listed above are provided in the relevant thematic Modules.

Resources

See Also

References

  • Information about Decision-making powers of the Hearing Officer in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Decision-making powers of the Hearing Officer in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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