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Consultation on proposed modifications to Regulation 773/2004 and the Notices on Access to the File, Leniency, Settlements and Cooperation with national courts

Policy field

Private enforcement

Target group

EU Member States, public authorities, citizens, companies and organisations are welcome to contribute to this consultation. Contributions are particularly sought from public authorities, citizens, companies and organisations that have experience in the private enforcement of the EU competition rules.

Consultation period

From 17.12.2014 until 25.03.2015

Objective of the consultation

To ensure that the provisions of the Directive on antitrust damages actions regarding the access to and the use of information contained in the files of the competition authorities also applies to the Commission proceedings, it is necessary to reflect the relevant rules of the Directive in Commission Regulation 773/2004, which regulates the Commission antitrust proceedings, as well as in the Notices on Access to the File, Leniency, Settlements and Cooperation with national courts.

There are also smaller proposed changes to Regulation 773/2004 to introduce into hard law some basic concepts that are already present in the Commission's leniency and settlements notices, and to the Access to File Notice concerning the Commission's ability to return unrelated documents from the file to the parties.

The objective of this consultation is to get feedback from all interested persons on these proposed changes.

How to submit your contribution

  • You are invited to respond to this consultation in any official EU language. Given the possible delays in translating comments submitted in certain languages, translations of the replies into one of the Commission's working languages (preferably English) would be welcome to enable the Commission to process them more swiftly.
  • In your reply, please indicate whether you are replying as citizen, organisation or public authority. If your organisation is registered in the Transparency Register, please indicate your Register ID number. If your organisation is not registered, we invite you to register now, although it is not compulsory to be registered to reply to the consultation. Contributions from organisations not registered will be published under a separate header.
  • Confidential information in your contributions which is clearly marked "confidential" will be treated as such and not published. In that case please also provide a non-confidential version of your reply for publication. Contributions that are clearly marked as "anonymous" will be treated as such and published without personal information. We ask you to provide in this case a version without personal information.
  • We would appreciate receiving documents in an electronic format.
  • Please note that we cannot guarantee to take account of replies received after the deadline.

View the consultation document

Reference documents and other, related consultations

Directive on Antitrust Damages Actions

Commission Regulation 773/2004

Commission Notice on access to file

Commission Notice on leniency

Commission Notice on settlements

Commission Notice on cooperation between the Commission and the national courts

Frequently Asked Questions

Contact details

Responsible service: Directorate-General for Competition, Unit A.6
Please always indicate the reference number in your correspondence: Ref.: HT. 3471
Functional mailbox: COMP-DAMAGES-ACTIONS@ec.europa.eu

Postal address:
European Commission
Directorate-General for Competition
Unit A.6 Private enforcement
Building MADO 20/043
Ref.: HT.3471
1049 Bruxelles / Brussels
Belgique /België
Fax (32-2) 2955065

Replies to the consultation

  • Asociación Española para la Defensa de la Competencia en
  • Association des Avocats Pratiquant le Droit de la Concurrence fr
  • Bundesrechtsanwaltskammer de
  • Cartel Damage Claims en
  • CEZ Group en
  • Czech Chamber of Commerce en
  • Deutsche Bahn de
  • Freshfields Bruckhaus Deringer en
  • Trans Europe Experts en
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