Processing the marker application

Processing the marker application

Taking position on the application: It is recommended to check on receipt of the application that all information required has been provided and study the content of the application.

More about Processing the marker application

Letter granting a marker: A marker is granted by a letter signed by a Director. The letter can be addressed either to the applicant or, providing that the necessary power of attorney has been submitted, to its lawyer. When the letter is notified at the Commission premises, it is recommended to prepare minutes of such notification.

More about the Subject

In addition to the provisions set in the letter, it is recommended to ask the applicant to provide evidence and information as soon as certain pieces of evidence are available or certain internal investigation steps have been completed. It is advisable to arrange the timing of the submissions by the applicant to perfect the marker. It is also recommended to request that the applicant informs the Commission services during the marker period immediately on any cartel contacts that the applicant receives from other cartel members, any upcoming cartel meetings or other cartel actions and what action other cartel members normally would expect from the applicant in such situations.

Other Considerations

Letter refusing a marker: A marker is refused by a letter signed by a Director.

Resources

See Also

References

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

Further Reading

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