Procedural Rights and Obligations of Third Parties in Antitrust Investigations and Proceedings by the European Commission

published in World Competition, Volume 45, Issue 1, March 2022, pp. 3-52

King's College London Law School Research Paper

58 Pages Posted: 29 Nov 2021 Last revised: 5 May 2022

See all articles by Wouter P. J. Wils

Wouter P. J. Wils

King's College London - The Dickson Poon School of Law; European Union - European Commission

Date Written: November 1, 2021

Abstract

This paper provides a systematic overview of the procedural rights and obligations of third parties in investigations and proceedings conducted by the European Commission for the enforcement of Articles 101 and 102 TFEU. Third parties are all natural or legal persons, undertakings and associations of undertakings other than those under investigation. The paper examines the possibilities for third parties to inform the European Commission about a suspected infringement and to trigger an investigation by the European Commission; the obligations and rights of third parties when responding to requests for information sent to them by the European Commission, when participating in interviews, and when submitting to inspections conducted by the European Commission; the possibilities for third parties to obtain information about pending proceedings and to express their views in them; the rules on the use of languages; and the protection of business secrets and other confidential information, and the restrictions on the use of information obtained by third parties through their participation in the European Commission’s proceedings.

Keywords: antitrust, competition enforcement, European Commission, third parties, procedure

JEL Classification: K21, K42

Suggested Citation

Wils, Wouter P. J., Procedural Rights and Obligations of Third Parties in Antitrust Investigations and Proceedings by the European Commission (November 1, 2021). published in World Competition, Volume 45, Issue 1, March 2022, pp. 3-52, King's College London Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=3967057 or http://dx.doi.org/10.2139/ssrn.3967057

Wouter P. J. Wils (Contact Author)

King's College London - The Dickson Poon School of Law

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

European Union - European Commission ( email )

Brussels, B-1049
Belgium

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
194
Abstract Views
1,132
Rank
294,062
PlumX Metrics