Review of key submissions

In the spirit of encouraging an open exchange of views the Commission will 1 , in cases based on formal complaints, provide the parties subject to the proceedings, at an early stage (unless such is considered to likely prejudice the investigation) and at the latest shortly after the opening of proceedings, with the opportunity of commenting on a non-confidential version of the complaint 2 . However, this may not be the case where the complaint is rejected at an early stage without further in-depth investigation (e.g. based on “insufficient grounds for acting by conducting a further investigation”, also known as “lack of European Union interest”).

More about Review of key submissions

Early access to the complaint may allow the parties to provide useful information at an early stage of the procedure and facilitate the assessment of the case.

More about the Subject

In the same spirit, the Commission's objective will be to provide the parties subject to the proceedings shortly after the opening of proceedings with the opportunity to review nonconfidential versions of other “key submissions” already submitted to the Commission. This would include significant submissions of the complainant or interested third parties, but not, for example, replies to requests for information. The review of key submissions does not replace the formal procedure of access to the file.

Other Considerations

After this early stage, submissions submitted later on will only be shared with the parties if this is in the interest of the investigation and would not risk unduly slowing down the investigative phase. The Commission will respect justified requests by the complainant or interested third parties for non-disclosure of their submissions prior to the issuing of a Statement of Objections where they have genuine concerns regarding confidentiality, including fears of retaliation and the protection of business secrets.

The review of key submissions will not be offered in the context of cartel proceedings.

Resources

References

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

Notes

[Note 1] See Chap. 2.10 of the Notice on Antitrust Best Practices.
[Note 2] A non-confidential version of the reply of the party subject to the investigation to the complaint may thereafter be provided to the complainant.

Review of key submissions

Review of key submissions