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Competition proceedings — The role of the hearing officer
SUMMARY OF:
WHAT IS THE AIM OF THE DECISION?
It sets out the role of the hearing officer (HO) in EU competition proceedings.
KEY POINTS
- The decision sets out the powers and functions of the hearing officers.
- They are appointed by the European Commission and are linked, for administrative purposes, to the Commissioner responsible for competition policy.
- They must act independently in carrying out their role.
Role
- HOs organise and conduct oral hearings in antitrust and merger proceedings.
- They may act as independent arbiter when a dispute arises over procedural rights between parties and the Commission’s Directorate-General (DG) for Competition.
- They decide on applications to be heard by third parties in competition proceedings.
The main tasks of the HO are to:
- to ensure the effective exercise of procedural rights throughout proceedings including commitments and cartel1 settlement procedures;
- to ensure the right to be heard;
- to deal with specific issues raised during the investigative phase of Commission proceedings, including:
- claims for legal professional privilege
- the privilege against self-incrimination
- deadlines for replying to decisions requiring information
- the right of companies and associations of companies to be informed of their procedural status;
- to ensure that the right to access the file and the companies’ legitimate interests in confidentiality are respected;
- to report on the outcome of the hearing and on the respect for the effective exercise of procedural rights; and
- to present, where appropriate, observations to the Competition Commissioner on any matter arising out of individual competition proceedings.
FROM WHEN DOES THE DECISION APPLY?
It has applied since .
BACKGROUND
For more information, see:
- Hearing officers (European Commission).
KEY TERMS
- Cartel: a group of 2 or more firms who try to restrict competition by price-fixing, limiting supply, or other restrictive practices in order to control selling prices.
MAIN DOCUMENT
Decision 2011/695/EU of the President of the European Commission of on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, , pp. 29-37)
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