hypothetical applications

hypothetical applications

hypothetical applications. Introduction

Two decisions: The Commission will need to issue two decisions when dealing with a hypothetical application. The first decision concludes that the nature and content of the evidence described in the list will meet the conditions set out in points 8(a) or 8(b) of the 2006 Leniency Notice. The second decision concludes that the evidence provided corresponds to the description made in the list and grants conditional immunity.

More about hypothetical applications

Requirements as to the content of the descriptive list: The substantive evaluation of the value of the evidence is made in the first decision. If the evidence then supplied corresponds to the list, the second decision granting conditional immunity is automatic.

More about the Subject

In cases where the Commission already has considerable evidence in its possession, a hypothetical application may not be possible, because the Commission would not be able to evaluate from the hypothetical list whether the evidence was new or already in its possession.


See Also


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


$$10%% For immediate applications, see Section 4.3 above.

Further Reading

  • Information about hypothetical applications in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

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