Procedure

The Competition Authority aims to make well-reasoned decisions within a reasonable timeframe. The following factors often have the greatest influence on how long cases are handled by the Competition Authority:

Scope of the case
Cases at the Competition Authority vary in scale and complexity. Decisions by the competition authorities published on the website range from two pages to almost one thousand pages.

Legitimacy
The more parties and individuals from whom evidence or perspectives need to be obtained, the longer the case may take. It is often forgotten that waiting for evidence and the parties' perspectives is a significant part of the time a case can take.

Requirements for due process
Administrative law imposes strict rules on the Competition Authority and other administrative bodies regarding the investigation of cases, the right to make representations, etc. Obviously, cases could often be expedited at the expense of a thorough procedure.

Prioritisation
Urgent matters under consideration often delay the handling of other matters. For example, a decision on intervention or the annulment of a merger must, by law, be taken within four months of the regulator receiving the complete dossier. Merger cases are therefore given priority over cases that are not subject to statutory deadlines.

Manpower and operational space
The experts at the Competition Authority are generally under a considerable workload. This, as well as the organisation's operational capacity, naturally affects the speed of proceedings.

The Competition Authority's policy and performance management objectives are aimed, among other things, at expediting the processing of cases. However, for the aforementioned reasons, it is not possible to rule out undesirable delays in the handling of cases. Nevertheless, delays should only occur when there are valid reasons for them.

Matters are taken up for consideration either on the initiative of the Competition Authority or on the basis of complaints received by the institution.

The decision to initiate proceedings on its own initiative is taken with due regard to the priorities of the Competition Authority at any given time. The Competition Authority employs various methods to monitor the state of competition markets and sets its priorities on the basis of this monitoring.

Anyone can direct tips to the Competition Authority, including via “Send a tip about a competition law infringement”on the homepage, under a name or anonymously. Such suggestions are used to improve market overviews and may lead to investigations if sufficient cause and a reasonable prioritisation of tasks warrant it.

It is also possible to direct formal complaints to the Competition Authority. See Complaints and enquiries.

The Competition Authority decides on investigations
The Competition Authority decides which cases are to be taken up for consideration, inter alia, with reference to the priorities of its operations at any given time. Each year, the Competition Authority has a predetermined budget to work with. By its nature, it is not possible for the Competition Authority to investigate every matter that is important from the perspective of the complainant or person making a referral.

Those who direct their submissions to the supervisory authority therefore do not automatically have the right to have their case taken up for consideration or to be a party to such a case. Requirements are placed on submitted communications, in addition to the Competition Authority specifically assessing whether a communication provides sufficient grounds to initiate an investigation and proceedings. If a submission does not meet the above-mentioned requirements regarding form and grounds, it is nevertheless received and registered as a notification, which may subsequently lead to an investigation.

Procedural Rules of the Competition Authority
The procedure of the Competition Authority is further set out in the regulations. No. 880/2005, as well as detailed information about Complaints and enquiries can be found on the homepage.