Formal complaints regarding possible violations of competition law can be submitted to the Competition Authority. However, the Competition Authority decides which cases are accepted for process. Those who address themselves to the Authority are not therefore automatically entitled to the acceptance of their cases for process, nor are they automatically parties to such cases. In all cases, however, letters are kept on file for future use.
Proper recipient
Parties who address complaints to the Competition Authority must first verify whether the issue falls within the scope of the Authority and not some other administrative body.
Examples of issues falling within the jurisdiction of the Competition Authority include:
- Notices of acquisitions resulting in control by the buyer, and thereby a merger in the understanding of the Competition Act;
- Complaints concerning violation of the ban on collusion;
- Requests for exemption from the ban on collusion;
- Complaints relating to abuse of dominant position;
Examples of issues not falling within the jurisdiction of the Competition Authority include:
- Complaints relating to unfair business practices, including advertisements, should be directed to the Consumer Agency.
- Letters concerning legislation on telecommunications or postal services should normally be directed to the Post and Telecom Administration.
- Letters relating to the enforcement of the Electricity Act should normally be directed to the National Energy Authority.
Legally protected interests
It is not self-evident that parties sending in complaints to the Competition Authorities will be parties to the case arising out of the complaint. Only those who can demonstrate their own legally protected interests can be parties to cases accepted for investigation by the Competition Authority.