Statement of Objections Reply initial time-limit

Statement of Objections Deadline for Reply: initial time-limit

The deadline to reply to the SO starts when the parties have received the most important documents from the Commission's file (i.e. the CD-ROM/DVD)$$33% and time begins to run as from the day after the receipt of these documents 1 .

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In practice, the deadline to reply begins either: – the day after the parties collect the CD-ROM/DVD at DG COMP's premises; or – the day after the parties receive the CD-ROM/DVD by mail; or – after five working days from the reception of the notification of the SO, if the parties expressed in writing that they decline access to the file or did not react to ask for the CD-ROM/DVD within these 5 working days.

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Access to corporate statements at DG Competition's premises does as such not modify the deadline for reply to the SO, but normally a longer deadline will be allowed in order to take into account the additional time needed for organizing the access to corporate statements at DG Competition premises.

Other Considerations

The time limit for the reply to the SO will take into account both the time required for the preparation of the submission and the urgency of the case. The parties have a right to at least a period of four weeks to reply to the SO.35 A longer period (normally, a period of 2 months, although this may be longer or shorter depending on the circumstances of the case) will be granted, taking into account inter alia the size and complexity of the file, and/or whether the addressee of the SO making the request has had prior access to the information, and/or any other objective obstacles faced by the addressee of the SO (see Best Practices Notice, paragraph100).

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For a supplementary SO the above rules on setting the time limit for the reply to the SO apply, although a shorter time limit will typically be set in this context (see Best Practices Notice, paragraphs 100 and 110).

Resources

See Also

References

• Information about Statement of Objections Reply initial time-limit in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

$$33%% Case T-44/00, Mannesmannröhren-Werke, of 8 July 2004, para. 65.
[Note 1] Art 3 Reg. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits. $$35%% Article 17(2) of Regulation 773/2004.

Further Reading

• Information about Statement of Objections Reply initial time-limit in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)