Rights of Complainants in Competition Law Proceedings Michael Albers Hearing officer for EC Competition Proceedings European Commission

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? European Commission

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” European Commission

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

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 European Commission

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, to apply to European Courts for failure to act European Commission

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, to apply to European Courts for failure to act European Commission