European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

The undertaking or association of undertakings must, pursuant to Article 18 of Regulation No 1/2003, provide information that is accurate and non-misleading. The provision of inaccurate or misleading information exposes it to a fine of up to 1% of the total turnover achieved during the preceding financial year, whether the infringement is committed intentionally or negligently . Given the severity …

Inaccurate or incomplete information

The undertaking or association of undertakings must, pursuant to Article 18 of Regulation No 1/2003, provide information that is accurate and non-misleading. The provision of inaccurate or misleading information exposes it to a fine of up to 1% of the total turnover achieved during the preceding financial year, whether the infringement is committed intentionally or negligently . Given the severity of the penalties to which undertakings are exposed, the European judicature considers that exhaustive answers to a direct question, asked in the context of a request for information pursuant to Article 18 of Regulation No 1/2003, carry significant evidential value .

An undertaking which, through negligence, provides inaccurate information in response to a formal request from the Commission is liable to a fine . It is irrelevant whether the information was provided spontaneously or at the Commission’s request . In the case of a simple request, only the inaccuracy of the information exposes the undertaking to a pecuniary sanction, whereas a refusal to respond is sufficient to sanction the undertaking by way of a decision . The Commission may also impose a periodic penalty payment of up to 5% of the average daily turnover achieved during the preceding financial year for each day of delay to compel the undertaking to provide the requested information in full (Regulation No 1/2003, Article 23) .

Any information that gives a distorted image of the situation referred to in the question, diverging significantly from reality on material points - particularly information that is false or so incomplete  that the response as a whole is liable to mislead the Commission as to the true situation - is inaccurate . Thus, an undertaking which, in response to a request for information from the Commission, fails to provide the documents that would make it possible to identify the number and nature of the contracts covered by a recommendation of an association of undertakings, provides incomplete information justifying an injunction to supply precise information within a two-month period under penalty of sanctions . Similarly, the communication of incorrect turnover figures has been classified by the European Court as gross negligence justifying an increase in the amount of the fine . Finally, responses to specific questions from the Commission, as well as information that goes beyond the specific scope of those questions, constitute, according to the European Court, a response insofar as they fall within the scope of the Commission’s request . As a result, the inaccuracy of the information provided may be revealed by subsequent inspections .

Case T-334/19 Google LLC, Judgment of 18 September 2024, LawLex202400006494JBJ. 

Commission decision No 82-124 of 25 November 1981, Telos, LawLex200500007387JBJ.

Commission decision No 2000-146 of 14 December 1999, Anheuser-Busch Incorporated/Scottish & Newcastle, LawLex200200003606JBJ.

Commission decision No 82-465 of 11 December 1981, National Panasonic (France) SA, LawLex200500007388JBJ.

See in a ruling prior to the adoption of Regulation No 1/2003, recognition of the Commission’s power to issue injunctions in the event of failure to respond to its request: Commission decisions No 71-257, No 71-258 and No 71-259 of 18 June 1971, LawLex202100000842JBJ, LawLex202100000890JBJ and LawLex202100000891JBJ; No 71-268 of 2 July 1971, LawLex202100000892JBJ; No 71-375 of 9 November 1971, LawLex202100000893JBJ.

Case T-322/01 Roquette Frères (SA), Judgment of 27 September 2006, LawLex200600001966JBJ. 

Case T-46/92 The Scottish Football Association, Judgment of 9 November 1994, LawLex200200003856JBJ. 

European Competition Law

211. Inaccurate or incomplete information

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Les décisions de justice citées dans ce paragraphe :

211. Inaccurate or incomplete information

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

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au contenu exclusif Livv – juristes d’entreprise