Relieving an NCA of its competence

Opening of proceedings by the Commission to relieve an NCA of its competence

This section only concerns cases where the Commission wishes to initiate proceedings with a view to relieving an NCA of its competence in a pending case where the NCA is acting on the case and perhaps already envisages a decision and therefore has sent to the Commission information pursuant to Article 11(4).

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After the initial allocation period the Commission will normally not open proceedings unless one of the following situations arises: – Network members envisage conflicting decisions in the same case; – Network members envisage a decision which is obviously in conflict with consolidated case law; the standards defined in the judgments of the courts of the European Union and in previous decisions and regulations of the Commission should serve as a yardstick; concerning facts, only a significant divergence will trigger an intervention of the Commission; – Network member(s) is (are) unduly drawing out proceedings; – There is a need to adopt a Commission decision to develop European competition policy in particular when a similar competition issue arises in several Member States; – The national competition authority does not object.

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Where the Commission decides to open proceedings with the effects of Article 11(6) as a followup to information by the NCA pursuant to Article 11(4) of Regulation 1/2003, it should do so as soon as possible. In practice, since the initiation of proceedings in cases where a national authority is dealing with the case must be adopted by the College (in the absence of an empowerment), it is unlikely that the formal steps can be taken before the last days of the deadline. However, as soon as there is an agreement of principle of the Cabinets, the imminent adoption of the act can be communicated to the NCA.

Other Considerations

In these special cases where an NCA is to be relieved quickly of its competence, the initiation of proceedings is a stand-alone procedural act.

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The decision to open proceedings is addressed and notified to the parties subject to the proceedings (for details, see module on opening of proceedings).

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The initiation of proceedings is not made public before informing the parties concerned (Article 2 of Regulation 773/2004).

Resources

See Also

References

• Information about Relieving an NCA of its competence in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Relieving an NCA of its competence in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)