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Procedures guide
Six procedures, four audiences, a dense body of law. This guide starts from your situation, not from legal categories: describe what you are facing and it will lead you to the right filing.
Which procedure for which situation?
| Your situation | The procedure | Legal basis |
|---|---|---|
| I am planning a merger, an acquisition of control or the creation of a joint venture | Merger notification | Art. 4, Regulation No. 02/2002 |
| My agreement restricts competition but produces benefits that I want to put forward | Exemption application | Art. 7, Regulation No. 02/2002 |
| I want to know whether or not my agreement falls within the scope of the prohibitions | Application for negative clearance | Regulation No. 03/2002 (text to be provided); forwarding by the national structures: art. 3.3(a), Directive No. 02/2002 |
| I took part in a cartel and want to disclose it | Leniency programme In preparation | Reform of procedural law |
| My State pays me compensation for a public service mission | Compensation notification | Art. 6.2, Regulation No. 02/2002 · Regulation No. 04/2002 |
| I am affected by an anti-competitive agreement, an abuse of a dominant position or aid that distorts competition | Filing a complaint | Art. 88 of the Treaty |
| I need a text, a decision, some data or a clarification | Request for information | — |
| I have already filed a case and want to know how it is progressing | Track a case (eTrack) | — |
By audience
You are a business
You can notify a merger, apply for an exemption or negative clearance, notify public service compensation, file a complaint against a competitor, a supplier or a State measure, and request information.
You are a Member State or a public authority
You notify public service compensation and, more broadly, measures that may constitute public aid. You inform the Commission of financial benefits granted by international or foreign organisations and of privatisation projects.
You are a national competition structure
You receive applications for negative clearance, notifications for exemption and complaints, and forward them to the Commission. Every quarter you send your reports on the state of competition and the inventory of State aid, and you produce an annual report.
You are a consumer or an association
You can report a practice you have witnessed or suffered from, and request any information on competition rules and on the decisions issued by the Commission.
What applies to all procedures
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A single account
One account gives access to every procedure and keeps the history of your cases. Businesses and public authorities can link several users with different roles.
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A file can be prepared over several sessions
Every form can be saved as a draft and resumed later. The file is only sent to the Directorate when you confirm the submission.
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Your submission is your proof
The time-stamped acknowledgement of receipt issued on submission establishes the date of your filing and shows your case number and tracking code.
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Confidentiality is handled on submission
You identify the information covered by business secrecy and, where the procedure requires it, attach a non-confidential version for the third parties consulted.
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All exchanges happen in one place
Requests for information, replies, comments and notifications all go through the case file. Nothing gets lost; everything is dated.
Preparing your file: mistakes to avoid
A statement of facts that is too general
A complaint that merely alleges “unfair conduct” without identifying the products, territories, period and undertakings concerned does not allow an investigation to be opened. Give dates, figures and names.
Blanket confidentiality claims
Declaring the entire file confidential blocks the adversarial procedure. Identify the specific passages and, for each one, explain the harm its disclosure would cause.
No non-confidential version
Where third parties must be consulted, a redacted version is needed. Preparing it at the time of submission saves several weeks of back-and-forth.
Failing to mention parallel proceedings
Any simultaneous referral to a national structure, a court or another competition authority must be disclosed. It determines how the investigation is coordinated.
General FAQ
Are there fees for the procedures?
Any fees attached to filings are governed by the Union’s rules of procedure. Clarification awaited from the Competition Directorate.
Do I need to be represented by a lawyer?
Representation by counsel is not a condition for a filing to be admissible before the Commission. It is common for complex procedures — merger notifications, exemption applications — because of the economic analysis they require. Your portal account lets you appoint a representative.
In which language should I file?
The portal is available in French, English and Portuguese, and no function or type of content is reserved for a single language. The language rules for the documents in a file are set by the rules of procedure. Clarification awaited from the Directorate.
What happens if I file the wrong procedure?
The Directorate reclassifies the filing and informs you. No filing is rejected solely because it was sent down the wrong route: this guide exists precisely to keep such cases to a minimum.
