Tag Archives: Processing of the request

Analysis against the Notice

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Analysis against the Notice

Guidance Letters: Analysis of the Request against the Notice

The 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 Notice

If one condition fails, the request should be rejected.

Resources

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References

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

Further Reading

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

Assessment against priorities

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Assessment against priorities

Guidance Letters and Request: Assessment against priorities

The 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 applied correspondingly.

More about Assessment against priorities

A request that is not considered as a priority in the light of the enforcement policy should be rejected.

Resources

See Also

References

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

Further Reading

  • Information about Assessment against priorities in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Checking of facts

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Checking of facts

Guidance Letters and the Request: Checking of facts

The 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 manner should be rejected.

More about Checking of facts

The Commission may use additional information at its disposal from public sources, former proceedings or any other source and may ask the applicant(s) to provide supplementary information.

Resources

See Also

References

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

Further Reading

  • Information about Checking of facts in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)