Statement of Objections Transmission to Member States

Transmission of Statement of Objections to Member States and ESA

Via secure e-mail connection an encrypted copy of the SO and the cover letter addressed to the undertakings are transmitted, without delay, to all NCAs. Before the transmission, remember to add the date of the SO given by the SG to the electronic version of the SO.

More about Statement of Objections Transmission to Member States

There is no need to send translations of the SO to NCAs and/or to ESA. However, if different language versions of the SO are sent to companies, every language version of the SO should be sent to all NCAs and/or to ESA (by secure-mail or via CD-ROM/DVD).

More about the Subject

Where the Commission decides to initiate proceedings in a case with EEA relevance (“mixed case”) by means of sending an SO, it should be noted that this decision must include the finding that it is a case to which the EEA provisions apply. ESA must be informed and receive a copy of the SO. When the SO and the initiation of proceedings coincide, it should be remembered that ESA has at least forty working days to react. This time will be longer if the companies concerned have been granted a longer time limit. In all other cases of transmission of a copy of the SO, ESA has to respect the same time limits as the companies concerned.

In order to ensure good cooperation it is recommended to take up informal contacts with the ESA before the Statement of Objection is issued.

Resources

See Also

References

• Information about Statement of Objections Transmission to Member States in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Statement of Objections Transmission to Member States in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)