Letter

Letter

Article 6 letter in the European Union Law

Concept of Article 6 letter provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Administrative letter by which the Commission informs a complainant of its intention to reject the complaint. This so-called Article 6 letter defines the Commission's preliminary position regarding a complaint, and gives the complainant an opportunity to make further observa-tions and comments within a specified time limit. Because of its nature as a preparatory and preliminary document, an Article 6 letter cannot be challenged in Court as a separately reviewable act. However the complainant may insist that a final decision rejecting his complaint be taken, which in turn is subject to judicial review by the Court of First Instance.

(See: Article 6 of Regulation No 2842/98 on the hearing of parties in certain proceedings under Articles 81 and 82 of the EC Treaty (OJ L 354, 1998, p. 18).)

Article 11 letter in the European Union Law

Concept of Article 11 letter provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Written request for information the Commission addresses to under-takings and associations of undertakings, as well as to governments and competent authorities of the Member States, in order to obtain the information necessary to conduct its investigations. Such requests can be sent to companies which are suspected of infringements, are party to a concentration or to third parties who may be in a position to clarify certain matters which are relevant for the investigation in question.

(See: Article 11 of Regulation No 17 and Article 11 of the merger regulation.)


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