Notification of the decision

Notification of the decision

Notification of the decision

The SG is in charge of the notification process, which will take place in two rounds: – in a first stage, immediately after the decision has been adopted by the College, the SG notifies by fax the operative part of the decision (“dispositif”) to the parties (not to their external legal counsel, except if parties waived the notification rights to their empowered attorney); the SG also notifies the operative part of the decision to the National Competition Authorities; – in a second stage, the SG notifies a certified copy of the decision to the parties as well as a copy of the final report of the Hearing Officer by express courier service (DHL or the like).

More about Notification of the decision

The case team is in charge of the following: – to inform immediately, after the decision has been adopted and finalized by the SG (adding the date and the decision number to the adopted decision), the addressee of the decision, by sending a courtesy copy 1 , and send the text of the opinion(s) of the Advisory Committees to the parties when the Advisory Committee has recommended the publication of its opinion(s); – to instruct the Antitrust Registry to send the full text of the decision (i.e. including confidential information and indication of figures on fines) to Member States and ESA, where it is EEA relevant, in the languages available via encrypted mail promptly (within two weeks) after the adoption of the decision; – to send, if appropriate, by courtesy, to the legal counsel of the parties a copy of the decision; – to send, if possible, a non-confidential version of the decision to the complainant (such a version may however not yet be available at this stage); – to check if the case concerns a non-EEA-country, if there is an obligation to inform the third country competition authority about the fact that a decision has been notified to a company in its jurisdiction; in case of doubt, the Unit for International Relations will provide assistance.

Resources

See Also

References

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

Notes


[Note 1]
See the Notice on best practices for the conduct of proceedings concerning Articles 101 and 102 TFEU (OJ C 308, 20.10.2011, p. 6), paragraph 146.

Further Reading

  • Information about Notification of the decision in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

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