Application Draft Decision

Application Draft Decision

Draft Decision

Decision granting conditional immunity: The Commissioner has been empowered by the College to issue Decisions granting conditional immunity on behalf of the Commission. A Draft decision on conditional immunity is therefore attached to the note to the Commissioner. The Decision is addressed to the applicant undertaking (never to a particular person in the undertaking). It should never be addressed to the lawyer. The lawyer may receive a copy (or, if explicitly requested by the undertaking in writing, the original), but this should not be mentioned on the face of the Decision.

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Decision rejecting conditional immunity: The Commissioner has also been empowered to issue Decisions rejecting conditional immunity. The procedure for rejecting immunity is the same as for the granting of conditional immunity.

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Before asking the Commissioner for approval, the Legal Service should have given their agreement on the draft decision.

Other Considerations

The matter should be put on the agenda of the first possible weekly meeting with the Commissioner.


The minutes of the weekly meeting are recommended to be kept in the file to prove, if necessary, that the Commissioner has approved the decision and the inspection, as the case may be.


See Also


  • Information about Application Draft Decision in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Application Draft Decision in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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