Final Report of the Hearing Officer (1)

Case AT.40511 – Insurance Ireland: Insurance claims database and conditions of access

(Text with EEA relevance)

(2022/C 335/09)

The present report relates to a draft commitments decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (2) (the ‘Draft Decision’) addressed to Insurance Ireland (Member Association) Company Limited by Guarantee (‘Insurance Ireland’).

The Commission started ex officio investigations and conducted inspections of the premises of Insurance Ireland in Dublin, Ireland, under Article 20 of Regulation 1/2003 between 4 July 2017 and 7 July 2017.

On 14 May 2019, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (3) with a view to adopting a decision pursuant to Chapter III of Regulation 1/2003.

On 18 June 2021, the Commission adopted a statement of objections (‘SO’) addressed to Insurance Ireland that was notified to Insurance Ireland on 21 June 2021. The SO preliminarily considered that Insurance Ireland arbitrarily delayed or de facto denied access to its ‘Insurance Link’ information exchange system.

On 28 June 2021, Insurance Ireland received access to the file through a DVD. It did not address any issues concerning access to file to me.

On 5 October 2021, Insurance Ireland provided its written comments on the SO within the deadline set (4) and requested an oral hearing pursuant to Article 12(1) of Regulation 773/2004. Following this request, I set a date for an oral hearing that was later postponed and finally cancelled, as Insurance Ireland had entered into discussions with the Commission on possible commitments pursuant to Article 9 of Regulation 1/2003.

On 16 February 2022, Insurance Ireland offered commitments (the ‘Initial Commitments’), to meet the Commission’s competition concerns as set out in the SO, which constitutes the preliminary assessment within the meaning of Article 9(1) of Regulation 1/2003 in the context of the present procedure.

On 4 March 2022, the Commission published a notice in accordance with Article 27(4) of Regulation No 1/2003, inviting comments from interested third parties on the Initial Commitments.

On 13 April 2022, the Commission informed Insurance Ireland of the comments received on the Initial Commitments in a State of Play meeting.

On 17 May 2022, Insurance Ireland adjusted the Initial Commitments in response to the comments and submitted a final commitments offer (the ‘Final Commitments’).

The Draft Decision makes the Final Commitments binding upon Insurance Ireland for ten years and concludes that there are no longer grounds for action by the Commission in this case as regards the concerns set out in the preliminary assessment.

I have not received any request or complaint with respect to the commitments procedure.

In view of the above, I consider that the effective exercise of the procedural rights of the party to the proceedings in this case has been respected.

Brussels, 21 June 2022. Dorothe DALHEIMER

(1) ursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

(2) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) (‘Regulation 1/2003’).

(3) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18), as last amended by Commission Regulation (EU) 2015/1348 of 3 August 2015 (OJ L 208, 5.8.2015, p. 3) (‘Regulation 773/2004’).

(4) The original deadline was 21 September 2021. Upon Insurance Ireland’s request, DG Competition extended the deadline until 5 October 2021.