Rights of Complainants in Competition Law Proceedings

1
Rights of Complainants in Competition Law
Proceedings

• Michael Albers
• Hearing officer for EC Competition Proceedings

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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?

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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

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Who can lodge a complaint in Commission antitrust
merger proceedings?

• Mainly
• Customers/consumers
• Suppliers
• Competitors
• Consumer and trade associations

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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
  complainants interests

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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

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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