Perfecting the marker

Perfecting the marker

A marker is perfected by submitting the information and evidence required for a formal application for immunity within the given deadline. If the undertaking perfects the marker within this deadline, the information and evidence will be deemed to have been submitted on the date when the marker was granted.

More about Perfecting the marker

An undertaking may also ask for an extension of the marker period. Any extension request should be submitted formally and motivated in detail in order to allow for an informed assessment of the request. The extension requests are assessed on a case by case basis taking into account the need to keep the marker period short in order to ensure that evidence at any premises to be inspected remains intact. Any such extensions are approved by a Director.

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If a marker applicant does not perfect the marker within the deadline granted, and the deadline is not extended, the undertaking can still present a formal application for immunity at any time. However, if the marker has not been perfected, the applicant should be informed in writing that its place in the queue is no longer protected.

Other Considerations

From the moment when the undertaking submits a formal application for immunity, the procedure described in Section 4 below applies.

Resources

See Also

References

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

Further Reading

• Information about Perfecting the marker in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)