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 owners of the undertakings or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorized to represent them by law or by their constitution must supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorized to act may supply the information  …

Response of undertakings

The owners of the undertakings or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorized to represent them by law or by their constitution must supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorized to act may supply the information on behalf of their clients, who remain fully responsible if the information supplied is incomplete, incorrect or misleading.

Undertakings are bound to reply on receipt of the questions set out in the simple request for information . A passive reaction on the part of the undertaking  or the provision of only a part of the information requested  constitute a refusal to cooperate. With regard to financial penalties applicable for late or inaccurate replies, the time-limit granted to undertakings must enable them not only to provide a material response but also to ensure the complete, accurate and non-distorted nature of the information provided . The scope of the undertaking's duty to co-operate depends on the purpose of the investigation as set out in the request for information. Thus, to be able to evaluate the scope of their obligation to reply, undertakings must be able to rely on the legal bases and the purpose of the request as stated by the Commission. Undertakings must not only supply the required information to the Commission within the time-limit but must also ensure that the information supplied is complete.

 The response of the undertaking must be assessed as a whole and the assessment cannot be confined to answers to questions posed. Thus, not only the replies to the particular questions of the Commission but also any information going beyond the specific context of those issues, to the extent that it falls within the objectives of the Commission's request must be regarded as a response to a request for information .

See Case 374/87 Orkem v Commission [1989] ECR 3283, LawLex200500004562JBJ.

Case T-46/92 Scottish Football v Commission [1994] ECR II-1039, LawLex200500004002JBJ.

Commission Decision No 76/593/EEC of 25 June 1976, CSV, LawLex200500005287JBJ, an undertaking cannot refuse to provide information or justify providing incomplete information on the grounds that in doing so it would be exposed to prosecution in its Member State of origin.

Case T 292/11 Cemex SAB de CV, Judgment of 14 March 2014, not available in English; Case T-306/11 Schwenk Zement KG, Judgment of 14 March 2014, LawLex201500000555JBJ.

11th Annual Report on Competition Policy (1981), 85: information and documents obtained previously taken into account when deciding that information supplied is incorrect.

European Competition Law

210. Response of undertakings

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Les décisions de justice citées dans ce paragraphe :

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210. Response of undertakings

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise