Notification to third countries
Notification to third countries
A case officer should determine whether a third country, with which the EU has concluded an agreement has an interest in a case for which he/she is responsible. The case officer should consider whether any of the following criteria is met:
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– in making an initial assessment of a case:
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Is the case officer aware of a similar enquiry taking place in the third country? – Does the case involve anti-competitive activities (other than a merger or acquisition) carried out in significant part on the territory of the third country? – Is one or more of the undertakings under investigation or party to the transaction, or a company controlling such undertaking(s), a company incorporated or organised under the laws of the third country? – Does the case involve conduct believed to have been required, encouraged or approved by the third country? or
Other Considerations
– during the course of the investigation: – Will DG Competition request information from any undertaking on the territory of the third country? – Will the enforcement activity involve remedies that would, in significant respects, require or prohibit condu
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Where a case meets any of the above criteria, the case officer should verify if notification to the third country is obligatory and should inform Unit A5/International Relations. The relevant desk officer in Unit A5 will be available to provide assistance and advice.
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In particular, Unit A5 should be informed in each of the following circumstances: a) before a statement of objections is issued; b) before a decision or a settlement (remedies) is adopted; c) in case the Commission intervenes in judicial proceedings in third countries (amicus curiae etc.)
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Unit A5 is available to provide guidance if required.
Resources
See Also
References
- Information about Notification to third countries in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
Further Reading
- Information about Notification to third countries in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)