The EU General Court extends the Commission discretion when rejecting complaints (Si.mobil)
Si.mobil v European Commission (T-201/11) – Undermining the Effectiveness of EU Competition law?*
According to the Automec case-law (paras. 73 ff), the European Commission has discretion as to how it deals with complaints. That said, the Court of Justice of the European Union has clearly stated that the Commission’s discretion when rejecting complaints is not “unlimited” (Ufex and Others v. Commission, para. 89). Regulation 1/2003 awarded to the Commission two additional grounds under which to dismiss cases. Pursuant to Article 13, the Commission can dispose of complaints where “one authority is dealing with the case” (13(1)) or where a complaint “has already been dealt with by another competition authority” (13(2)).
In late 2014, the General Court has issued a Ruling in the context
Access to this article is restricted to subscribers
Already Subscribed? Sign-in