Rejecting conditional immunity

Rejecting conditional immunity

Rejecting conditional immunity

Informing that immunity is not available: Exceptionally, a hypothetical application can already be rejected in the acknowledgement of receipt, for instance because immunity has already been granted for the same infringement (see Section 4.3.4 above).

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Rejection at the first stage: If a hypothetical application is to be rejected for the reason that the evidence does not meet the conditions of points 8(a) or 8(b) of the 2006 Leniency Notice, this should be done in the first stage of the procedure, i.e. in reaction to the submission of the descriptive list.

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The procedure is the same as in the case of granting conditional immunity. See Sections 4.3 and (104) above.

Other Considerations

Rejection at the second stage: After the decision taken on the first stage to grant conditional immunity, the application may still be rejected if the evidence disclosed does not correspond to the description made in the list and the difference is such that the first decision would not have been taken if the evidence had been accurately described.

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It is advisable to inform the applicant first informally and give it the opportunity to provide the evidence as described in the list, unless a second application has been received.

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If the necessary evidence is still not forthcoming, the Directorate-General should propose to the Commissioner the rejection of the application. The applicant should then be informed by a letter from the Director of Directorate G that the condition stipulated in the first decision, namely that the evidence disclosed must correspond to the description made in the list, has not been fulfilled. The procedure to be followed is the same as in the case of granting conditional immunity. See Sections 4.3 and point (105) above.

Resources

See Also

References

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

Further Reading

  • Information about Rejecting conditional immunity in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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