Tag: Formal applications for immunity
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Supplementing the application
Supplementing the application before a decision on conditional immunitySo long as no other immunity application has been received in respect of the same facts, the application may be supplemented by further evidence. The applicant bears the risk of not getting conditional immunity if anothe…
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Taking position on immunity application
Taking position on immunity application and establishing first priority assessment – a note to the CommissionerTiming: The Commission will endeavour to take position on an immunity application in a short timeframe. However, the time needed will depend on the complexity of the case. For inst…
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Unmeritorious cases
No action / non-processing letter (unmeritorious cases)Non-processing letters: Case dealt with a NCA: When a national competition authority has received a parallel application in a case that is national in scope and is willing to pursue the case, a "non-processing" letter could be…
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Withdrawal of evidence
Withdrawal of evidence after rejection of immunityRequest to retrieve evidence: According to point 20 of the Leniency Notice, in case of a rejection of an immunity application the applicant may withdraw the evidence it has submitted to the Commission for the purposes of its immunity applica…
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Registration of the case
Registration of the caseAfter an application for a marker has been made, the case team should register a new case in the case management application.ResourcesSee AlsoReferencesInformation about Registration of the case in the Antitrust Manual of Procedures for…
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Rejecting conditional immunity
Rejecting conditional immunityInforming 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).More ab…
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Oral statements
Oral statementsThe legal basis for the Commission to take statement is Article 19 of Regulation 1/2003 (Power to take statements) 1 . The procedure for corporate statements is set out in Section IV of the 2006 Leniency Notice (see paragraphs …
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Outline of the procedure
Outline of the procedureOnce the application has been received, the first step should be to prepare a written acknowledgement of receipt (if the applicant so requests) (see Section 4.3.2 below).More about Outline of the procedureSecond step is to verify whether the evidence submitt…
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Non-processing letter
No action / non-processing letterAs in the case of an immediate application, it may in exceptional circumstances be appropriate to send a non-processing or a no action letter (See Section 4.3.8 above).ResourcesSee AlsoReferencesInformation about Non-processing…
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Informing the applicant
Informing the applicant in acknowledgement of receipt that immunity is not availableIf it is possible to determine immediately and without assessing the evidence submitted by the applicant that immunity is not available, for instance because conditional immunity has already been granted to …