Complaining about businesses infringing competition rules

SUMMARY OF:

Notice on the handling of complaints by the Commission under Articles 101 and 102 of TFEU — previously Articles 81 and 82 of the EC Treaty

WHAT IS THE AIM OF THE NOTICE?

• In the interest of consumers and businesses alike, the EU has rules to outlaw price-fixing cartels as well as other types of restrictive agreements. It also seeks to act against firms who abuse their dominant position in a market, for example, by limiting production or excluding a competitor.
• Serious infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) — which replaced Articles 81 and 82 of the Treaty establishing the European Community — are often difficult to detect by the competition authorities, so the notice aims to encourage EU citizens and businesses to contact public enforcement bodies where they suspect competition rules are being broken.

KEY POINTS

Members of the public and undertakings are encouraged to contact public enforcement bodies where they suspect business competition rules are being broken. There are 3 ways to do this:

• lodge a complaint with a national court; or
• lodge a complaint with a national competition authority; or
• lodge a complaint with the European Commission under Article 7(2) of Regulation 1/2003 (see summary), which must fulfil certain requirements under Regulation (EC) No 773/2004 (see summary) by electronic means, mail or telephone, as the starting point for an investigation.

The notice provides guidance on the choice between making a complaint to the Commission, to a national competition authority or bringing a lawsuit before a national court. It also covers the procedure by which the Commission treats complaints.

Advantages of national courts

National courts:

• may award damages for loss suffered;
• can rule on claims for payment or contractual obligations based on any agreement under Article 101;
• can rule on and assess the consequences of nullifying contractual provisions;
• are usually better placed than the Commission to adopt interim measures;
• are normally able to award legal costs to the successful applicant (this is not possible under the Commission procedures).

It is also possible to combine a claim under EU competition law with other claims under national law.

Complaints to national competition authorities

• The work-sharing between the Commission and the national competition authorities is explained in the Notice on cooperation within the Network of Competition Authorities.

• A particular national competition authority is usually well placed to deal with agreements or practices that substantially affect competition mainly within its territory.

Complaints to the Commission

• A complaint must contain the information required in Form C in the Annex to this notice:
  • information regarding the complainant and the undertaking (s) giving rise to the complaint;
  • details of the alleged infringement and evidence;
  • finding sought from the Commission and legitimate interest;
  • proceedings before national competition authorities or national courts.
• As complainant, you ask the Commission to find an infringement of competition law and to require that it be brought to an end.
• The Commission, unlike civil courts, whose task is to safeguard individuals’ rights, is an administrative authority that must act in the public interest, with a margin of discretion to set priorities in its enforcement activity.
• The Commission is entitled to give different priorities to complaints and may refer to the interests of the EU as a factor.
• The Commission endeavours to inform complainants of the action that it proposes to take on a complaint within 4 months of its receipt.
• The Commission may reject a complaint if it is not of sufficient interest for the EU to investigate further.
• As a non-formalistic alternative to a complaint, an affected individual can provide market information to the Commission.

FROM WHEN DOES THE NOTICE APPLY?

It has applied since 27 April 2004.

BACKGROUND

Directive 2014/104/EU (see summary) sets out rules on compensation for victims of cartels and anti-competitive practices.

For more information, see:

• Recommendations for the Use of Electronic Document Submissions in Antitrust and Cartel Case Proceedings (European Commission).

MAIN DOCUMENT

Commission Notice on the handling of complaints by the Commission under Articles 81 and 82 of the EC Treaty (OJ C 101, 27.4.2004, pp. 65-77)

RELATED DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89)

Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (OJ L 349, 5.12.2014, pp. 1-19)

Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, pp. 18-24)

Successive amendments to Regulation (EC) No 773/2004 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Notice on cooperation within the Network of Competition Authorities (OJ C 101, 27.4.2004, pp. 43-53)

Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, pp. 1-25)

See consolidated version.

last update 29.05.2020