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Withdrawal

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Withdrawal

Withdrawal (of the benefit of a block exemption) in the European Union Law

Concept of Withdrawal (of the benefit of a block exemption) provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Possibility for the Commission (or in certain cases for the national competition authorities) to withdraw the benefit of exemption from the prohibition of Article 81(1) of the EC Treaty, granted to an agree-ment by a () block exemption regulation. The Commission may withdraw the benefit of a block exemption if it considers that specific circumstances, which are mentioned by the relevant block exemption regulation, bring about the need for a closer examination of possible anti-competitive effects of the agreement.

(See: Article 7 of Council Regulation No 19/65/EEC as amended by Article 1(4) of Council Regulation (EC) No 1215/1999 of 10 June 1999.)

Withdrawal of evidence

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Withdrawal of evidence

Withdrawal of evidence after rejection of immunity

Request 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 application or to request the Commission to consider the evidence and information submitted as a reduction of fines application. In case the applicant does not apply or has not applied for a reduction of fines in alternative to immunity it can withdraw the evidence submitted. In case of oral applications this is of course possible only with regard to the documents that the applicant has submitted whereas the oral recordings and their transcripts will be deleted. The applicant's request to withdraw evidence should be made in writing.

More about Withdrawal of evidence

Return of documents and deletion from case management application (CMA): In practice, following such a written request the case team will give back the originals of the documents received from the applicant and delete any copies it has made of those documents, in particular in the CMA.

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References

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

Further Reading

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

Withdrawal of objections

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Withdrawal of objections

Statement of Objections: Withdrawal of objections and the closing procedure

It may happen that as a result of the analysis of a party's reply to the SO and/or other information obtained after it, the objections will be withdrawn and the procedure against the addressee in question stopped.

More about Withdrawal of objections

When the objections (or the complaint; see module on Handling of complaints) are withdrawn, the procedure initiated pursuant to article 11(6) of Regulation 1/2003 should be closed. For details see module on closure of procedure.

Resources

See Also

References

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

Further Reading

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