Guidance Letter Formal conditions

Formal conditions to request a Guidance Letter

A request can be presented by an undertaking or undertakings or associations of undertakings within the meaning of Articles 101 and 102 TFEU which have entered into or intend to enter into an agreement or practice that could fall within the scope of Articles 101 and/or 102 TFEU with regard to legal issues raised by such agreement or practice.

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There is no form. A memorandum should be presented which clearly states: – the identity of all undertakings concerned as well as a single address for contacts with the Commission; – the specific questions on which guidance is sought; – full and exhaustive information on all points relevant for an informed evaluation of the questions raised, including pertinent documentation; – detailed reasoning, explaining why the request presents a novel question; – all other information that permits an evaluation of the request in the light of the aspects explained in the Notice, including in particular a declaration that the agreement or practice to which the request refers is not subject to proceedings pending before a Member State court or competition authority; – where the request contains elements that are considered business secrets, a clear identification of these elements; – any other information or documentation relevant to the individual case.

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An undertaking can withdraw its request at any point in time. In any case, information supplied in the context of a request for guidance remains with the Commission and can be used in subsequent procedures under Regulation 1/2003.

Resources

See Also

References

• Information about Guidance Letter Formal conditions in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Guidance Letter Formal conditions in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)