On 3 October 2022, the European Commission (“Commission”) adopted a revised notice on informal guidance (“Revised Notice”) that provides an expanded mechanism for businesses to obtain enhanced comfort – through so-called “guidance letters” – on the application of the EU competition rules to novel or unresolved questions.
The Revised Notice permits businesses that have doubts about the legality of certain agreements/practices (including cooperation agreements) under competition law to approach the Commission and seek informal guidance. The procedure may lead, in practice, to informal clearance of agreements and unilateral conduct that meet specified criteria, thereby providing considerable comfort to companies engaged in innovative initiatives, for example in areas such as green energy.
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