Follow-up in case of non-reply

Follow-up in case of non-reply

Follow-up in case of non-reply

In case the parties do not reply within the deadline (taking account of possible extensions): – The case manager may follow this up with the parties informally. – Otherwise or if the informal follow-up is unsuccessful, the parties will receive a reminder letter. • For the details of the request, the reminder letter refers back to the first letter. • It indicates that the original (or extended) deadline has not been met. • It sets a new deadline of 48 hours for reply. • It indicates that should the addressee fail to reply within the new deadline, the Commission will publish the decision, assuming that it does not contain confidential information in accordance with Article 16(4) of the Reg.773/2004. • In case the decision contains information that is, in the view of the case team, obviously confidential with respect to that addressee, the reminder letter also (i) indicates this information, and (ii) invites the addressee to specifically consider its position with respect to this information. • This letter is signed by the Head of Unit or the case manager.

More about Follow-up in case of non-reply

The next step to be taken depends on the reaction of the parties: – Should there be no reaction by the parties within the new deadline, the documents can be published in line with Article 16(4) of Regulation 773/2004. However, the case team should delete information that is, in the view of the case team, obviously confidential. 1 . – Should the parties reply with confidentiality claims within the new deadline, the following steps apply.

Resources

See Also

References

  • Information about Follow-up in case of non-reply in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1]
Article 16(4) of the Reg.773/2004 does not oblige the Commission to leave obviously confidential information in the public version: 'If undertakings […] fail to comply […], the Commission may assume that the documents or statements concerned do not contain confidential information.' (Emphasis added).

Further Reading

  • Information about Follow-up in case of non-reply in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

Posted

in

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *