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The EU Court of Justice states that letters addressed by the Commission rejecting complaints can be subjected to an action for annulment (British American Tobacco)

Joined Cases 142 and 156/84 British American Tobacco Company Ltd and R. J. Reynolds Industries Inc. v Commission of the European Communities* 1. An investigation carried out by the Commission in fulfilment of its duty to ensure that the rules on competition are observed does not constitute adversary proceedings between companies which have submitted an application under Article 3 of Regulation No 17/62, having shown that they have a legitimate interest in seeking an end to the alleged infringement, and companies which are the object of the investigation. Although complainants must be given the opportunity to defend their legitimate interests during the administrative proceedings and the Commission must consider all the matters of fact and of law which they bring to

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