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

Information supplied by undertakings or associations of undertakings must not be incorrect or misleading (Article 18 of Regulation No 1/2003). Supplying incorrect or misleading information, whether intentionally or negligently, can lead to the imposition of a fine amounting to 1% of the total turnover of the preceding business year (Article 23). Thus, the Commission may impose a fine on an underta …

Accurate information

Information supplied by undertakings or associations of undertakings must not be incorrect or misleading (Article 18 of Regulation No 1/2003). Supplying incorrect or misleading information, whether intentionally or negligently, can lead to the imposition of a fine amounting to 1% of the total turnover of the preceding business year (Article 23). Thus, the Commission may impose a fine on an undertaking for having negligently supplied incorrect information in response to a request for information , regardless of whether the information was provided voluntarily or at the request of the Commission . For a simple request, the undertaking will face pecuniary sanctions only if it provides incorrect information, but fines can be imposed on recipients of a formal request for information made by decision if they fail to reply . The Commission may also impose on undertakings or associations of undertakings periodic penalty payments not exceeding 5% of the average daily turnover in the preceding business year per day and calculated from the date appointed by the decision, in order to compel them to supply complete and correct information which it has requested (Article 23 of Regulation No 1/2003).

Any statement is incorrect where it gives a distorted picture of the true facts asked for, and which departs significantly from reality on major points, particularly where it is false or so incomplete that the reply taken in its entirety is likely to mislead the Commission about the true facts . Thus, the undertaking which, in response to a request for information from the Commission, does not communicate the documents which would identify the number and nature of the agreements concerned by instructions given by an association of undertakings, provides incomplete information justifying a demand for the provision of accurate information within a period of two months under penalty of sanctions . Likewise, the provision of an inaccurate turnover figure has been held by the Court of Justice to be gross negligence justifying an increase in the amount of the fine for the undertaking concerned . Finally, the responses to the Commission's specific questions and information going beyond the specific context of those questions constitute a reply according the EU court, to the extent that they fall within the purpose of the Commission's request . Inaccurate information provided can come to light during the course of subsequent investigations .

Commission Decision No 2000/146/EC of 14 December 1999, Anheuser-Busch Incorporated - Scottish & Newcastle, LawLex200400002577JBJ.

Commission Decision No 82/465/EEC of 11 December 1981, National Panasonic (France) SA, LawLex200500010032JBJ amended by Commission Decision No 82/465/EEC of 21 June 1982, National Panasonic (France) SA, LawLex200500007388JBJ.

Commission Decision No 82/124/EEC of 25 November 1981, Telos, LawLex200500010031JBJ.

Case T-322/01 Roquette Frères v Commission [2006] ECR II-3137, LawLex200900000049JBJ.

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

European Competition Law

204. Accurate information

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Les décisions de justice citées dans ce paragraphe :

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204. Accurate information

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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