NCA Case allocation monitoring

Case allocation monitoring on the basis of new case fiche

The ECN unit monitors the opening of cases within the network from a general allocation perspective. The ECN responsible person of each unit examines regularly all newly opened cases relevant to that unit. This monitoring aims at detecting multiple procedures and identifying cases where allocation criteria would normally favour action by the Commission.

More about NCA Case allocation monitoring

Where more than three Member States have opened a case concerning the same infringement on their respective territories, this normally indicates that the Commission would be particularly well placed to deal with the case and that it should consider whether the enforcement priorities justify its intervention. If more than three authorities have opened investigations, this nevertheless does not mean that the Commission should systematically open investigations in such cases. The decision whether or not to investigate must be decided on the merits of the case. 1

More about the Subject

If a sectoral unit considers that the Commission should pursue a case first opened by an NCA, it should liaise with the ECN unit. For this type of reallocation from an NCA to the Commission, see below section 5. The follow-up of new case fiches may also indicate the possibility to apply Article 13 of Regulation 1/2003 allowing the Commission to suspend proceedings or reject a complaint. This procedure is explained in the Complaint handling module.

Resources

See Also

References

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

Notes

[Note 1] According to the Network Notice (paragraph 15), the Commission is particularly well placed if the case is closely linked to other European Union provisions which may be exclusively or more effectively applied by the Commission, if the interest of the European Union requires the adoption of a Commission decision to develop competition policy when a new competition issue arises or to ensure effective enforcement.

Further Reading

• Information about NCA Case allocation monitoring in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)