European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

The Commission informs the parties concerned of the objections raised against them (Regulation No 773/2004, Article 10). The Statement of Objections is a mandatory preparatory step before the adoption of any final decision. It determines the Commission's decision and mentions the provisions pursuant to which it can rule . Therefore the objections must be notified to all undertakings whose interest …

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The Commission informs the parties concerned of the objections raised against them (Regulation No 773/2004, Article 10). The Statement of Objections is a mandatory preparatory step before the adoption of any final decision. It determines the Commission's decision and mentions the provisions pursuant to which it can rule . Therefore the objections must be notified to all undertakings whose interests are perceptibly affected by the Commission's decision in order to give them the opportunity to submit their observations .

The Statement of Objections must be notified in writing to each of the parties against whom the objections are raised (Regulation No 773/2004, Article 10) . It must specify unequivocally the legal person on whom fines may be imposed and be addressed to that person . Thus, members of an association of undertakings cannot be penalized unless each of them has received a personal Statement of Objections informing them that they are liable to be condemned to pay a fine . Likewise, the procedure must be annulled when the notification is sent to a subsidiary and not to the parent company, to which the fines are imposed . If undertakings are represented by a jointly authorized representative, the Statement of Objections may be notified to that representative provided that each undertaking is able to isolate the objections relating to each of them individually . Lastly, the Commission is not required to send a Statement of Objections to a subsidiary, insofar as it attributes liability for the infringing behavior to the parent companies, with which the subsidiary forms an economic unit .

Case 54/69 Francolor v Commission [1972] ECR 851, LawLex200400003460JBJ.

Case 17/74 Transocean Marine Paint Association v Commission [1974] ECR 1063, LawLex200400003448JBJ.

Sending the Statement of Objections to another undertaking solely for the purposes of information is not deemed to be a Statement of Objections: Case T-39/92 Groupement des cartes bancaires "CB" and Europay International v Commission [1994] ECR II-49, LawLex200500004941JBJ.

Case C-204/00 P Aalborg Portland and others v Commission [2004] ECR I-123, LawLex200400003525JBJ.

Case C-395/96 P Compagnie Maritime Belge Transports and others v Commission [2000] ECR I-1365, LawLex200400002968JBJ.

Case C-176/99 ARBED v Commission [2003] ECR I-10687, LawLex200500004587JBJ.

Case 40/73 Suiker Unie and others v Commission [1975] ECR 1663, LawLex200400002777JBJ; thus, members of an association of undertakings cannot be penalized unless each of them has received a personal Statement of Objections informing them that they are liable to be condemned to pay a fine; See Case C-395/96 P Compagnie Maritime Belge Transports and others v Commission [2000] ECR I-1365, LawLex200400002968JBJ.

Case T-91/13 LG Electronics Inc., Judgment of 9 September 2015, LawLex201500001143JBJ, upheld in Case C-588/15 P and C-622/15 P LG Electronics Inc, Judgment of 14 September 2017, LawLex201700001422JBJ.

European Competition Law

234. Addressees

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

234. Addressees

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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