Regulation No 99/63/EEC of the Commission of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17

REGULATION No 99/63/EEC OF THE COMMISSION  of 25 July 1963  on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 87 and 155 thereof;
Having regard to Article 24 of Council Regulation No 17 (1) of 6 February 1962 (First Regulation implementing Articles 85 and 86 of the Treaty);
Whereas the Commission has power under Article 24 of Council Regulation No 17 to lay down implementing provisions concerning the hearings provided for in Article 19 (1) and (2) of that Regulation;
Whereas in most cases the Commission will in the course of its inquiries already be in close touch with the undertakings or associations of undertakings which are the subject thereof and they will accordingly have the opportunity of making known their views regarding the objections raised against them;
Whereas, however, in accordance with Article 19 (1) of Regulation No 17 and with the rights of defence, the undertakings and associations of undertakings concerned must have the right on conclusion of the inquiry to submit their comments on the whole of the objections raised against them which the Commission proposes to deal with in its decisions;
Whereas persons other than the undertakings or associations of undertakings which are the subject of the inquiry may have an interest in being heard ; whereas, by the second sentence of Article 19 (2) of Regulation No 17, such persons must have the opportunity of being heard if they apply and show that they have a sufficient interest;
Whereas it is desirable to enable persons who, pursuant to Article 3 (2) of Regulation No 17, have applied for an infringement to be terminated to submit their comments where the Commission considers that on the basis of the information in its possession there are insufficient grounds for granting the application;
Whereas the various persons entitled to submit comments must do so in writing, both in their own interest and in the interests of good administration, without prejudice to oral procedure where appropriate to supplement the written evidence;
Whereas it is necessary to define the rights of persons who are to be heard, and in particular the conditions upon which they may be represented or assisted and the setting and calculation of time limits;
Whereas the Advisory Committee on Restrictive Practices and Monopolies delivers its Opinion on the basis of a preliminary draft decision ; whereas it must therefore be consulted concerning a case after the inquiry in respect thereof has been completed ; whereas such consultation does not prevent the Commission from re-opening an inquiry if need be;