Preparation of fiches

Preparation of fiches

Preparation and submission of 'fiches' in the informatics application

New case fiche. New ex officio cases opened should be reported before or without delay after commencing the first formal investigative measure. Articles 18 to 21 of the Regulation describe the Commission's investigative powers, which are a request for information (simple or by decision), an interview of a natural or legal person, inspections of undertakings or other premises (simple or by decision). Note that if the first formal investigative measure is an unannounced inspection, the fiche is never submitted before the inspection but soon afterwards.

More about Preparation of fiches

Complaints are reported only if there are investigative steps taken or envisaged and when the head of unit considers the reporting appropriate. By inserting a case in ECN Interactive, the Commission signals to the Network that in principle it intends to deal with the case.

More about the Subject

Updates and envisaged decision fiche. An update must be provided in the IT-application where relevant changes occur in the case. In particular this must be done by submitting the envisaged decision fiche to mark that the Commission has reached the preliminary draft decision stage when the documents are sent to the Advisory Committee. 1 Other updates can relate for instance to the parties, to the qualification of the practice under investigation, to the timeframe or to the indications of the relevant product and/or geographic market. In certain fields, up-dates will be marked as such.

Other Considerations

Closed case fiche. The closed case fiche is submitted promptly after the closure of the case. An appeal against the decision does not prevent its submission. Should the appeal be successful, the closed case fiche can be updated accordingly.

Resources

See Also

References

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

Notes


[Note 1]
The ECN case statistics' accuracy depends on the Commission also systematically submitting the information to the informatics application.

Further Reading

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

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