Rejection for lack of substantiation

Rejection for lack of substantiation

An admissible complaint (i.e., a complaint that contains the information required by Form C) may also be rejected for lack of substantiation, when it fails to submit even a minimum of prima facie evidence necessary to substantiate one or several conditions for an infringement of Article 101 or 102 TFEU. 1 There is no need for DG Competition to inform associated or concerned DGs. The Article 7 letter and rejection decision should be carefully worded and point out why the complaint fails to provide a minimum of indications.

Resources

See Also

References

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

Notes

[Note 1] Case 298/83 Comité des industries cinématographiques des Communautés européennes (CICCE) v Commission [1985] ECR 1105, paragraphs 21-24; Case T-198/98 Micro Leader Business v Commission [1999] ECR II-3989, paragraphs 32-39.

Further Reading

• Information about Rejection for lack of substantiation in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)