Category: R
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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….
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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…
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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…
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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.<…
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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…
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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…
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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…
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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…