Commission notice on informal guidance On 3
October 2022, the Commission published the informal guidance notice
relating to new or unresolved questions concerning Articles 101 and
102 of the TFEU that arise in individual cases ("Notice").
In the Notice, the Commission recalls that, in principle,
undertakings are well placed to decide whether a practice is
conforms to Articles 101 and 102 of the TFEU. Nevertheless, if a
new or unclarified question arises, undertakings may request
informal guidance by the Commission in the form of a guidance
letter that is not legally binding. However, according to the
Commission: "(...) a request for guidance will not entitle an
applicant to receive any such guidance, as this Notice cannot
re-introduce a system that would be inconsistent with the
self-assessment framework of Regulation 1/2003". In addition
to raising a new or unclarified question, the issue must be serious
enough for the Commission to have an interest in
