Requirements for complaints

Requirements for complaints

It is important to prepare complaints to the Competition Authority carefully in order to expedite decisions on investigations or further process.

For this reason, special requirements are made as regards complaints sent to the Competition Authority if the complainant intends to be a party to the investigation of the case in question. Article 6 of the Rules of Procedure of the Competition Authority No. 880/2005, and an annex to the rules, contains specific provisions on this issue.

If a complaint does not comply with these requirements the complaint is filed as a comment/tip, which may later lead to an investigation.

The principal requirements concerning complaints are the following:

  1. Complaints should be in writing, accompanied by two photocopies of the complaint itself and any attached documents. An electronic copy of the complaint shall be attached as well.
  2. Confidential Information: If the complaint contains confidential information, the Competition Authority should be supplied with an additional copy where the confidential information has been deleted.
  3. Information on the party submitting the complaint: Name, address, identity number and e-mail address. If the complainant is a legal person, the complaint should specify its business activities and the business activities of any group of undertakings to which it may belong, as applicable.
  4. Information on the party which the complaint concerns: If applicable, the complaint should describe in the fullest possible detail the group of undertakings to which the enterprise belongs, together with a description of the business activities in which such undertakings are involved. It should be stated whether the complainant is a competitor or customer of the party who is the subject of the claim or whether there is any other relation.
  5. Description of the substance of the complaint: If the complaint concerns an alleged violation of the Competition Act or public obstacles to competition, a detailed description should be included of the incidents which, in the opinion of the complainant, support the allegation of the violation or distortion of competition. Furthermore, reasoning should be supplied as to why the incidents are regarded as violating the Competition Act or distorting competition. A detailed description should be included of the product, service or economic operation relating to the alleged violation or distortion of competition. If applicable, a description should also be supplied of the market which the complaint concerns and the market conditions, e.g. trade practices and nature of the trade in the product or service in question. All available information should be provided concerning contracts, incidents, circumstances or actions of the parties against whom the complaint is directed. If applicable, the complaint should specify to the extent possible the market share of all the undertakings concerned and account for the principal competitors and customers. If a complaint concerns a request for exemption from Articles 10 and 12 of the Competition Act, detailed reasoning should be included in support of the assessment of the party in question that such exemption is justified.
  6. Evidence: The complaint should be accompanied by copies of all documents in the possession of the complainant relating to the incidents concerned in the complaint. Such documents may include letters, e-mail messages, contracts, flyers, minutes of meetings, memoranda relating to meetings or telephone calls, price trend overviews and other data or statistics indicating the trends in the market in question etc. The names and addresses of parties able to confirm the incidents described in the complaint should be specified.
  7. Legally protected interests: The complaint shall include reasoning as regards the legally protected interests of the party in question. The complaint shall also specify the action that the Competition Authority is requested to take. It should be stated if the intervention of other government authorities has been sought with regard to the same case.
  8. Statement: A complaint to the Competition Authority should conclude with the following statement, signed by, or on behalf of, all the parties to the complaint.
    "The undersigned warrant that the information given in this complaint is true, accurate and complete to the best of our knowledge, that the attached copies of documents are unabridged, that all estimates are identified as such and submitted to the best of our knowledge of the facts of the case, and where an opinion is stated, such opinion is stated in good faith. The undersigned have acquainted themselves with the provisions of Paragraph 2 of Article 42 of the Competition Act."
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