Negative clearance

Negative clearance in the European Union Law

Concept of Negative clearance provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): When the Commission, on the basis of the facts presented to it, comes to the conclusion that there are no grounds under Article 81(1) or 82 of the EC Treaty to take action in respect of an agreement or practice, the Commission issues a negative clearance either as a formal decision or informally by way of a () comfort letter. In Article 81 cases, companies usually combine their application for negative clearance with a notification for exemption.