Complaints
A&L Goodbody's EU, Competition & Procurement Group has three decades of experience in advising clients on making, and defending, complaints to competition agencies and regulatory agencies both nationally and internationally.
Complaints, both actual and threatened, handled by the Group have led to, for example, the European Commission ordering interim measures to stop anti-competitive behaviour, States changing their laws, businesses changing their behaviour, our clients being paid compensation for anti-competitive conduct, dawn raids being conducted and so on.
Used carefully and properly, a complaint is a powerful tool by businesses and others to control the anti-competitive behaviour of others. Competition agencies and regulatory bodies welcome well-reasoned and well-founded complaints because it gives them information on breaches that would otherwise go undetected. Some of the largest companies in the world have used the complaint mechanism to launch investigations and change the behaviour of others. Complainants can often remain confidential. Interestingly, while some complainants (particularly, smaller companies) can fear the consequences of making complaints, our experience has been that complainants are often taken more seriously by their competitors after they have made a complaint.
Complaints can span all areas of EU, competition and procurement law. Examples of the subject matter of complaints handled by A&L Goodbody include:
| EU Law | Competition Law |
|---|---|
|
Unlawful discrimination, on the basis of nationality, by an EU Member State |
Cartels |
|
Breaches by a Member State of its obligations under the Treaty on the Functioning of the European Union |
Abuse of Dominance |
|
Interference by an EU Member State with the free movement of goods |
Anti-competitive behaviour by a trade association |
|
Hindrance of cross-border trade by an EU Member State by imposing technical rules or the requirement for professional qualifications which unlawfully hinder trade |
State aid |
|
Allegations of breaches of public procurement law |
Mergers and acquisitions |
