Competition European Law

Category: R

  • Refusal to issue a Guidance Letter

    Processing of the request: Refusal to issue a Guidance LetterThe Notice on Informal Guidance provides that where no guidance letter is issued, the Commission should inform the applicant(s) accordingly. In practice, this will normally be done by a letter signed by the competent Director….

  • Reply to the Statement of Objections Deadlines

    Time-limits and extensionThe cover letter, signed by the Director General and sent with the SO, fixes a time-limit within which the undertaking must deliver its written reply (Article 10(2) of Reg. 773/2004). It also offers the undertaking the opportunity to be heard orally and indicates th…

  • Review clause

    Duration of the commitments – review clauseThe duration of commitments may be limited in time. Article 9 of Council Regulation 1/2003 refers to a "specified period". Commitments should provide that a lasting improvement of the market structure is achieved within a foreseeable time…

  • Registration of the case

    Registration of the caseAfter an application for a marker has been made, the case team should register a new case in the case management application.ResourcesSee AlsoReferencesInformation about Registration of the case in the Antitrust Manual of Procedures for…

  • Request based on Article 12

    Request based on Article 12WARNING: For exchanges of information in leniency cases, some very strict safeguards apply. They are described in the Module on leniency. Before asking for information in a case where an NCA has received a leniency application, read carefully the leniency Module.<…

  • Review of key submissions

    Review of key submissionsIn the spirit of encouraging an open exchange of views the Commission will 1 , in cases based on formal complaints, provide the parties subject to the proceedings, at an early stage (unless such is considered to likel…

  • Rejecting conditional immunity

    Rejecting conditional immunityInforming that immunity is not available: Exceptionally, a hypothetical application can already be rejected in the acknowledgement of receipt, for instance because immunity has already been granted for the same infringement (see Section 4.3.4 above).More ab…

  • Request based on Article 12 Destinatary

    To whom should the request based on Article 12 be sentThere is no rule regarding to whom the request based on Article 12 should be sent. However, the NCA may recommend to other Network members that the requests are sent for example to its general contact point or to its Authorised Disclosur…

  • Right to be heard

    Right to be heard. IntroductionArticle 27 of Regulation 1/2003 expressly provides that undertakings must be given the opportunity to be heard. The proceedings consist of both written (reply to the SO) and oral stages. The oral stage, called the oral hearing, which supplements the written pr…

  • Rejection for lack of substantiation

    Rejection for lack of substantiationAn admissible complaint (i.e., a complaint that contains the information required by Form C) may also be rejected for lack of substantiation, when it fails to submit even a minimum of prima facie evidence necessary to substantiate one or several condition…