Tag: Guidance Letters

  • Processing of the request

    Adoption of a Guidance Letter: Processing of the requestIf it is decided to issue a guidance letter, it might be necessary to collect supplementary information, including by informal enquiries (while respecting the normal rules on professional secrecy with regard to the information supplied…

  • Publication on DG Competition website

    Adoption of a Guidance Letter: Publication on DG Competition websiteAccording to the Notice on Informal Guidance, the Guidance letter will be posted on the Commission's web-site, having regard to the legitimate interest of undertakings in the protection of their business secrets. Before…

  • Refusal to issue a Guidance Letter

    Processing of the request: Refusal to issue a Guidance LetterThe Notice on Informal Guidance provides that where no guidance letter is issued, the Commission should inform the applicant(s) accordingly. In practice, this will normally be done by a letter signed by the competent Director….

  • Guidance Letter Formal conditions

    Formal conditions to request a Guidance LetterA request can be presented by an undertaking or undertakings or associations of undertakings within the meaning of Articles 101 and 102 TFEU which have entered into or intend to enter into an agreement or practice that could fall within the scop…

  • Guidance Letter Substance Conditions

    Conditions of substance to issue a Guidance LetterAccording to the Notice on Informal Guidance (paragraphs 8-10), issuing a guidance letter may only be considered if the following cumulative conditions are fulfilled: – The substantive assessment of an agreement or practice with regard to Ar…

  • Guidance Letters and Analysis of the request

    Guidance Letters: Analysis of the request against criteria, priorities and factsThe Commission, seized of a request for a guidance letter, will consider whether it is appropriate to process it or not. A first reply should be sent by the unit dealing with the request to the applicant(s) with…

  • Guidance Letters Effects

    The effects of Guidance LettersGuidance letters are in the first place intended to help undertakings carry out, by themselves, an informed assessment of their agreements and practices.More about Guidance Letters EffectsA guidance letter cannot prejudge the assessment of the same qu…

  • Analysis against the Notice

    Guidance Letters: Analysis of the Request against the NoticeThe Notice on Informal Guidance provides that the issuing of a guidance letter may only be considered if the cumulative conditions listed above are fulfilled.More about Analysis against the NoticeIf one condition fails, th…

  • Assessment against priorities

    Guidance Letters and Request: Assessment against prioritiesThe unit in charge of the request should also make a first assessment of whether the issuing of a guidance letter is appropriate in the light of the enforcement priorities. For this purpose the priority-setting principles can be app…

  • Checking of facts

    Guidance Letters and the Request: Checking of factsThe Notice on Informal Guidance provides that the Commission will in principle evaluate the request on the basis of the information provided by the undertakings. It follows that a request that does not set out the facts in a conclusive mann…