Statement of objections

Statement of objections (SO) in the European Union Law

Concept of Statement of objections (SO) provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Written communication, which the Commission has to address to persons or undertakings before adopting a decision that negatively affects their rights. This obligation of the Commission flows from the addressee's rights of defence, which require that they be given the opportunity to make their point of view known on any objection the Commission may wish to make in a decision. The SO must contain all objections on which the Commission intends to rely upon in its final decision. The SO is an important procedural step foreseen in all competition procedures in which the Commission has the right to adopt negative decisions.

(See: Article 19(1) of Regulation No 17; Article 18(3) of the merger regulation.)