Contents of the request based on Article 12

Contents of the request based on Article 12

Since the request itself should not impose a translation burden upon the requested NCA, one should use a language that is understood by the latter.

More about Contents of the request based on Article 12

It is recommended that the request is submitted in writing (email/fax/letter). At the demand of the requested NCA, the request should be submitted in writing. There is a standard form for the Article 12 exchanges adopted by the Network.

More about the Subject

At the demand of the requested NCA, the request should contain all or some of the elements provided for by the standard form: – identification of the undertakings and entities concerned; – specification of the information requested as detailed as possible; – information as to why the exchange is requested with some detail as to: • the direction of the investigations (e.g. prohibition, imposition of fine); • the gravity or seriousness of the matter (e.g. hard core cartel or other restriction of competition – economic importance); • how it is intended to use the information and for what purpose (e.g. use as evidence to prove the infringement).

Other Considerations

If the information is needed by a given date, that request should be substantiated.

More

The head of unit responsible for the investigation can sign such a request.

Resources

See Also

References

• Information about Contents of the request based on Article 12 in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Contents of the request based on Article 12 in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)