Competition proceedings — The role of the hearing officer

 

SUMMARY OF:

Decision 2011/695/EU — on the function and terms of reference of the hearing officer in certain competition proceedings

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 cartel* 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 21 October 2011.

BACKGROUND

For more information, see:

• Hearing officers (European Commission).

KEY TERMS

MAIN DOCUMENT

Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, pp. 29-37)

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)

Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, pp. 1-22)

Commission Regulation (EC) No 802/2004 of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ L 133, 30.4.2004, pp. 1-39)

Successive amendments to Regulation(EC) No 802/2004 have been incorporated into the original text. This consolidated version is of documentary value only.

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)

See consolidated version.

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.

Rules of Procedure of the Commission (OJ L 308, 8.12.2000, pp. 26-34)

See consolidated version.

last update 15.05.2020