Rejection of Complaints. Lessons for National Competition Authorities on the Eve of the Implementation of ECN+ Directive.

Abstrakt

Directive 2019/1 provides for a harmonisation of important procedural aspects related to the enforcement of competition law by National Competition Authorities. The power to set priorities, stipulated in art 4 of ECN+ Directive, is one of particular practical implications for both NCAs as well as undertakings concerned. This power allows NCAs to reject a complaint lodged by a complainant due to the lack of sufficient interests in pursuing an investigation. Such right is strongly intertwined with the procedural rights granted to complainants. While the current legal framework for setting priorities and safeguarding complainant?s rights diverge significantly among Member States, a minimum legal standard should be guaranteed in order to ensure coherent model of applying EU competition law within European Competition Network. In order to protect and enhance the process of lodging complaints, such prioritisation has to be counterbalanced by rights granted to complainants and obligations imposed on the Institutions. In this regard, similar legal frameworks and established requirements should exist in national law as the obligations imposed on the Commission. In particular, NCAs and national legislators should learn lessons from the mistakes committed by the Commission which were verified by the European Courts. The importance of providing a proper statement of reasons and obligation not to omit relevant evidence shall be remember and properly implemented by NCAs. At the end of the day the goal is to cause that the rejection of complaint would not be a mere formality.