Notification to third countries

A case officer should determine whether a third country, with which the EU has concluded an agreement has an interest in a case for which he/she is responsible. The case officer should consider whether any of the following criteria is met:

More about Notification to third countries

– in making an initial assessment of a case:

More about the Subject

Is the case officer aware of a similar enquiry taking place in the third country? – Does the case involve anti-competitive activities (other than a merger or acquisition) carried out in significant part on the territory of the third country? – Is one or more of the undertakings under investigation or party to the transaction, or a company controlling such undertaking(s), a company incorporated or organised under the laws of the third country? – Does the case involve conduct believed to have been required, encouraged or approved by the third country? or

Other Considerations

– during the course of the investigation: – Will DG Competition request information from any undertaking on the territory of the third country? – Will the enforcement activity involve remedies that would, in significant respects, require or prohibit condu

Where a case meets any of the above criteria, the case officer should verify if notification to the third country is obligatory and should inform Unit A5/International Relations. The relevant desk officer in Unit A5 will be available to provide assistance and advice.

In particular, Unit A5 should be informed in each of the following circumstances: a) before a statement of objections is issued; b) before a decision or a settlement (remedies) is adopted; c) in case the Commission intervenes in judicial proceedings in third countries (amicus curiae etc.)

Unit A5 is available to provide guidance if required.

Resources

References

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

Notification to third countries

Notification to third countries