The AFTA may, at the request of a market party, provide an informal assessment regarding the application of a statutory provision that falls within the scope of the AFTA’s supervisory or enforcement responsibilities. Such an assessment is referred to as an “informal view” and constitutes a preliminary opinion of the AFTA based on the information provided by the applicant. An informal view does not prevent the AFTA from initiating an investigation or taking a formal decision at a later stage. This means that the AFTA may reach a different conclusion if new information becomes available, and the informal view is therefore not binding on the AFTA.

Informal views may be published, for example where this may contribute to legal certainty and to the interpretation of standards under the Competition Ordinance. Publication of informal views takes place by means of an anonymised publication on the AFTA website. In doing so, the view is cleansed not only of confidential information but also of information from which the identity of the applicant can be derived.

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