Information of departments

“Information” of “departments primarily responsible for the products, services or policy areas in issue”

Prior to the exercise of the most important empowerments and sub-delegations COMP must “inform” the Directorates-General “primarily responsible for the products, services or policy areas in issue” and give those DGs the opportunity to state their views. The exercise of those empowerments and sub-delegation is however not subject to their prior approval.

More about Information of departments

Most of the time there will only be one service “primarily responsible” (ENTR, INFSO, MARKT, EAG, EMPL, ENER, ECFIN or MOVE). Depending on the characteristics of the case there may however also be more than one other department involved. Footnote 14 of the explanatory memorandum states: “Departments which have not been informed and which regard themselves as also primarily responsible for the products, services or policy areas in issue in a given case may be informed at all times upon making a reasoned request.”

More about the Subject

The “information” procedure grants other DGs beyond a “right to know” a true “right to be heard”. Where prior information is required – DG Competition must send the draft measure sufficient time prior to its adoption so as to give the other department an effective opportunity to state its views; – except in duly justified circumstances of urgency the other department will be given 10 working days to state its views; – DG Competition will take the greatest possible account of the opinion expressed by the other departments; and – on request by one of the other departments an inter-service meeting will be held in good time.

Other Considerations

The measures for which the prior information of services other than the LS is obligatory are: – The initiation of proceedings (Article 2(1) of Regulation 773/2004 and Article 11(6) of Regulation 1/2003) except in the situation foreseen in Article 11(4) of Regulation 1/2003. Comment: In the latter case the decision is taken at the level of the College after normal inter-service consultation (see point (18) above). – Determination and issuance of a statement of objections to undertakings or associations of undertakings (Article 27(1) of Regulation 1/2003 and Article 10(1)(2) of Regulation 773/2004). Comments: (a) As explained above the Competition Commissioner must exercise the empowerment for sending the statement of objections in agreement with the President of the Commission. (b) Despite the involvement of the President at the College level the Secretariat General does not have to be involved at the level of the inter-service consultation. The SG is not a “service responsible for the products, services or policy areas in issue”. (c) Since the Competition Commissioner needs to obtain the agreement of the President it is essential that prior to the adoption of the statement of objection the Commissioner is fully informed about any possible disagreements during the interservice consultation / information. – The preliminary assessment in the procedure for the adoption of a decision making commitments binding (Article 9(1) of Regulation 1/2003). – Publication of a summary of the case and request for comments on commitments (Article 27(4) of Regulation 1/2003). – Commission decision to reopen proceedings after a decision making commitments binding (Article 9(2) of Regulation 1/2003). – Commission decision imposing (provisional) periodic penalty payments for breach of substantive rules (if not yet imposed by a previous Commission decision ordering termination of these breaches, Article 24(1)(a)(b)(c) of Regulation 1/2003) or for breach of procedural rules of Article 24(1)(d)(e) of Regulation 1/2003). Comment: The decision to impose periodic penalty payments on undertakings or associations of undertakings in order to compel them to supply complete and correct information requested by decision taken pursuant to Articles 17 or 18(3) of Regulation 1/2003 (Article 24(1)(d) of Regulation 1/2003 is sub-delegated to the Director-General (see above 2.3). It is the only subdelegated measure prior to the adoption of which services other than the Legal Service must be “informed”. – Rejection of complaint by Commission decision for insufficient grounds for acting by conducting a further investigation (“lack of EU interest”). Comment: on the special case of rejections of complaints see below 3.2.2.3.

Resources

See Also

References

• Information about Information of departments in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Information of departments in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)