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Rights of Complainants in Competition Law Proceedings

Rights of Complainants in Competition Law Proceedings. Michael Albers Hearing officer for EC Competition Proceedings. Content. Who can lodge a complaint? Who can lodge a complaint in Commission antitrust & merger proceedings? What are the rights of a complainant?

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Rights of Complainants in Competition Law Proceedings

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  1. Rights of Complainants in Competition Law Proceedings Michael Albers Hearing officer for EC Competition Proceedings

  2. Content • Who can lodge a complaint? • Who can lodge a complaint in Commission antitrust & merger proceedings? • What are the rights of a complainant? • What are the rights of a complainant in Commission antitrust & merger proceedings?

  3. Who can lodge a complaint? • Generally: • Every person can complain informally • A filter (admissibility test) may apply to formal complaints • Admissibility test depends on rights conferred on complainants • Admissibility tests under EC law • Antitrust: legitimate interest & provision of market information and legal assessment • Mergers: sufficient interest • Art. 86 ECT/State Aid: none.“Pro bono publico”

  4. Who can lodge a complaint in Commission antitrust & merger proceedings? • Mainly: • Customers/consumers • Suppliers • Competitors • Consumer and trade associations

  5. What are the rights of a complainant? • Generally: • Complainants have certain basic rights, mainly examination of complaint and reasoned response by competition authority • Additional rights depend on purpose attributed to complaints by legislator: • The principal task of public authorities is normally to implement competition policy • Private interest can overlap with public policy • Pursuance of private interest by public authority oscillates between being a mere “reflection” of public interest and granting support to complainant’s interests

  6. What are the rights of complainants in Commission antitrust proceedings? • “To be heard” by Commission and to learn normally within 2 months of the action that Commission intends to take • Alternatively, • “to be closely associated to proceedings”, in particular to comment on Statement of Objections or commitment proposal, and to attack final decision before courts, OR • to obtain within reasonable period of time a reasoned decision rejecting the complaint (with documents on which Commission relies), and to attack this decision, OR • to apply to European Courts for failure to act

  7. What are the rights of « complainants » in Commission merger proceedings? • « To be heard » by Commission • Alternatively, • to comment on Statement of Objections/remedy proposal and to attack final decision OR • to obtain reasoned response in case of a non-notified concentration, OR • to apply to European Courts for failure to act

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