The ACM may issue an informal opinion upon request to give market parties clarity on a certain issue relating to competition.

The ACM will only issue an informal opinion if it finds that the request meets the following main criteria:

  • The matter concerns a specific new question of law;
  • The issue is of considered to be of economic and/or social importance;
  • The information provided is considered sufficient to enable the ACM to draw up the informal opinion without having to conduct in-depth research into the facts of the matter.

In practice, the ACM will ask for full information including the names of market parties concerned as well as a legal analysis of the issue.