Competition

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Informal guidance Notice

Summary
Evaluation
Commission Proposal
Legal Act
Implementation

Overall state of play

State of play, main conclusions, outlook

The main purpose of the revised rules adopted on 3 October 2022 was to update the criteria in the Notice to enable the Commission to provide informal guidance to businesses in line with recital 38 of Regulation 1/2003, in cases which raise genuinely uncertain questions about the application of antitrust rules.

Estimated savings and benefits

The revised Notice will enable the Commission to use this tool more flexibly, to the benefit of businesses and to increase legal certainty.

State of play

The framework was adopted on 19 October 2022: Communication from the Commission Framework for State aid for research and development and innovation (OJ C 414, 28.10.2022, p. 1–38)

Commission Notice on informal guidance relating to novel or unresolved questions concerning Articles 101 and 102 of the Treaty on the Functioning of the European Union that arise in individual cases (guidance letters) (OJ C 381, 4.10.2022, p. 9–13)The main purpose of the revision is to update the criteria in the Notice to enable the Commission to provide informal guidance to businesses in line with recital 38 of Regulation 1/2003, in cases which raise genuinely uncertain questions about the application of antitrust rules. This will enable the Commission to use this tool more flexibly, to the benefit of businesses and to increase legal certainty.