Preparation of submissions in the Commission

How is the preparation of submissions dealt with in the Commission?

The DG Competition Policy Director (Director of COMP/A), upon the suggestion of Unit A1 and in co-operation with the competent sectoral unit, may propose that the Commission submit observations to the national court.

More about Preparation of submissions in the Commission

Unit A1, in co-operation with the competent sectoral unit, will solicit the views of the LS on whether it agrees with the proposal to submit written or oral observations. Unit A1, in cooperation with the competent sectoral unit, will liaise with the cabinet of the Member of the Commission with special responsibility for competition to ask for approval of such a submission.

More about the Subject

The submissions made pursuant to Article 15(3) require approval by the College of Commissioners. The approval to lodge submissions is to be sought by a communication of the President of the Commission in agreement with the Member of the Commission with special responsibility for competition.

Other Considerations

The LS is chef de file both for requesting the approval of the College and for the actual submission. It will draft the written observations and present the oral observations (possibly in the presence of an appropriate DG Competition official).

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Depending on the nature of the issue at stake (e.g. horizontal issue or sector-specific issue), assistance on the substance will be given by Unit A1, or by the sectoral unit, after having consulted Unit A1. Procedural assistance (e.g. asking the national court to transmit or ensure the transmission of a copy of all documents that are necessary for the assessment of the case) will be given by Unit A1.

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If no assistance is asked for by the LS, Unit A1 will ensure that DG Competition is duly consulted about the content of the observations.

Resources

See Also

References

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

Further Reading

• Information about Preparation of submissions in the Commission in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)