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

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?
European Commission

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”
European Commission

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

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
European Commission

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

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