Requirements for submitters

It is important to prepare a submission to the Competition Authority thoroughly, to facilitate a decision on an investigation or further proceedings.

For this reason, specific requirements are imposed on submissions made to the Competition Authority, should the complainant wish to participate in the investigation of the matter. Article 6 (Art. 6) of the Rules of Procedure of the Competition Authority, No. 880/2005 , and this is specifically provided for in an annex to the rules.

If a report does not meet these requirements, it will be received as a tip, which may subsequently lead to an investigation. Tips regarding matters that do not meet these criteria can be submitted on this website, and they will then be subject to the terms for tips.

The main requirements for submissions are as follows:

1. Submissions must be in writing and must be accompanied by two copies of the submission and its supporting documents. An electronic copy of the submission must also be included.
2. Confidential information:
   If confidential information is included in a submission, a copy of the submission with the confidential information redacted must also be provided to the Competition Authority.
3. Information about the sender:
   Name, address, national registration number and email address. If the complainant is a legal entity, its activities must be described, as well as the activities and structure of any corporate group of which it may, as the case may be, be a member.
4. Information about the party to whom the communication is addressed:
   Where applicable, a description should be provided, as detailed as possible, of the corporate group to which the company in question belongs, along with a description of the business activities carried out by these parties. It should be stated whether the person making the submission is a competitor or a customer of the party being complained about, or has any other relationship with them.
5. Description of the content of the presentation:
   If a complaint is made about an alleged breach of competition law or public restrictions on competition, the specific incidents which, in the complainant's opinion, support the claim that a breach has occurred or that competition is being distorted must be described in detail. Furthermore, you must justify why these events are considered to contravene competition law or distort competition. You must provide a detailed description of the product, service or activity related to the alleged infringement or restriction of competition. Where applicable, a description should also be provided of the market concerned and the conditions prevailing within it, including the commercial practices and the nature of trade in the relevant goods or services. Provide all available information on the agreements, events, circumstances or actions of the parties to which the complaint relates. Where applicable, specify, as far as possible, the market share of all relevant undertakings and identify the main competitors and customers. If the submission concerns a request for an exemption from Articles 10 and 12 of the Competition Act, it must present detailed reasoning supporting the relevant party's assessment that such an exemption is justifiable.
6. Evidence:
   The report must be accompanied by copies of all relevant documents in the individual's possession relating to the incidents to which it refers. Such evidence may include, for example, letters, emails, contracts, circulars, minutes of meetings, notes of meetings or telephone calls, price trend summaries, and other data or statistics that can show the development of the relevant market, etc. The name and address of the person(s) who can confirm the events described in the submission must be specified.
7. Legitimate interests:
   The submission must substantiate which legitimate interests the party concerned is seeking to protect. It must also describe the measures requested of the Competition Authority. Any recourse to other government authorities or the courts in relation to the matter must be stated.
8. Statement:
   Attach a statement to the Competition Authority, signed by or on behalf of all parties involved, to the following effect:
   We declare that the information provided in this application is true, true and sufficient to the best of our knowledge, that an unsworn copy of the documents is attached, that all valuations are so described and are made to the best of our knowledge and belief of the facts of the case, and where an opinion is expressed it is done in good faith. We have taken note of the provisions of paragraph 2 of Article 42 of the Competition Act.

If a submission to the Competition Authority meets the requirements set out in the procedural rules, the Competition Authority will decide whether it provides sufficient grounds to initiate an investigation and proceedings.
When assessing whether a complaint provides grounds for an investigation, the Competition Authority takes into account the relevant considerations that are deemed important in each individual case. The following factors may, among others, be relevant to the Competition Authority's assessment of whether an investigation should be launched:

• The alleged infringement or restrictions on competition appear to be serious. The case in question may be serious from the complainant's perspective, but the Competition Authority makes a comprehensive assessment of the seriousness from the perspective of the public interest.
• That an alleged infringement or restriction of competition not only harms the complainant's commercial interests but can also have wider detrimental effects on competition. This includes assessing whether the public interest is at stake.
• That the company complained about has not ceased its behaviour which was the subject of the complaint. Thus, the significance of a potential investigation is assessed.
• That the complainant cannot defend their own interests before the courts. It is not necessary to refer all cases concerning competition law to the Competition Authority. The complainant may have sufficient information and evidence at their disposal to bring a case before the County Court.

When assessing whether a matter gives rise to an investigation, the Competition Authority is permitted to seek an opinion. In this way, the Competition Authority can seek information and viewpoints in order to assess whether the matter should be taken up.

Anonymity
A person who directs a communication to the Competition Authority and requests to be a party to a case may request that their name be kept confidential. Anonymity will be granted if it is likely that the individual's interests would be harmed if their name were disclosed. If there are no grounds for granting anonymity, the complainant is given the opportunity to withdraw their submission. It should be noted that there is always the option to refer anonymous tip-off to the Competition Authority, for example via the website.

Procedure
The procedures of the Competition Authority are set out in detail in the regulations. No. 880/2005. In addition, various aspects are discussed procedural elsewhere on the homepage, including about case speed, commencing proceedings, etc.

The Competition Authority is authorised to prioritise its projects according to the seriousness and importance of the matters. Submissions are assessed to determine whether they provide sufficient grounds for further investigation, and are then ranked in order of priority. Given the volume of submissions received by the Competition Authority, it is both necessary and appropriate for the institution to be able to prioritise its tasks so that its work is more targeted and focused. Consequently, those who refer matters to the Authority do not automatically have the right to have their case taken up for consideration or to be a party to such a case. Prioritising tasks may involve a matter being taken up for consideration immediately or even being placed on hold.

The Competition Authority's priorities serve as a guide for decision-making on the prioritisation of tasks and actions in the organisation's work. The Competition Authority sets its priorities for the next three years each year, which address economic conditions, upcoming challenges and the projects to which the Authority will pay particular attention. They are published in the annual report.

When prioritising and assessing whether to take a case for investigation, reference is made to Article 9 of Regulation No 880/2005 on the procedure of the Competition Authority. The following factors may, among others, be relevant:

• The alleged breaches or restrictions on competition appear to be serious.
• That an alleged infringement or restriction of competition not only harms the complainant's commercial interests but can have wider detrimental effects on competition.
• That the company complained about has not ceased its behaviour which was the subject of the complaint.
• That the complainant cannot defend their own interests before the courts