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 powers of the Commission are comparable here to its powers on restrictive agreements and abuse of dominant position pursuant to Regulation No 1/2003. Articles 11 to 13 of Regulation No 139/2004 give it a power to request for information and a power of inspection with fines  or periodic penalty payments .
The Commission may, by simple request or by formal decision, require the notifying parties …

The Commission's investigation powers

The powers of the Commission are comparable here to its powers on restrictive agreements and abuse of dominant position pursuant to Regulation No 1/2003. Articles 11 to 13 of Regulation No 139/2004 give it a power to request for information and a power of inspection with fines  or periodic penalty payments .

The Commission may, by simple request or by formal decision, require the notifying parties to provide all necessary information. In all cases, the request must state the legal basis and the purpose of the request, specify what information is required and fix the time-limit within which the information is to be provided, as well as the penalties provided for supplying incorrect information, for a formal decision. The Commission adopts a formal decision where the behavior of the merging parties has forced it to do so . The request for information by formal decision suspends the time-period that the Commission has to examine the compatibility of the operation with the internal market from the date on which it is found that the information is not provided and until the date on which it is provided .

The merging parties must not only provide answers within the fixed time-limits, but also give accurate and complete information. Providing inaccurate or misleading information may result in the parties being imposed a fine not exceeding 1% of the turnover . It is regarded as an aggravating circumstance of the violation of the obligation to supply information imposed on the notifying party where it is committed intentionally .

Furthermore, the Commission may empower its authorized officials to conduct the necessary inspections (Regulation No 139/2004, Article 13). It may also request that the competent authorities of the Member States undertake the inspections which it considers necessary (Regulation No 139/2004, Article 12). During an inspection, the authorized officials may enter any premises, land or means of transport, examine the books and other records related to the business, affix seals, ask any representative or member of staff in relation to the subject-matter and purpose of the inspection and record the answers. They conduct an inspection upon production of a written authorization specifying the subject-matter and purpose of the inspection, as well as the penalties provided for in case of incomplete production of required documents or incorrect or misleading answers to questions asked. Inspections are undertaken with the assistance of the competent authority of the Member State in whose territory it is conducted. Where an undertaking opposes an inspection, that assistance is required. If necessary, the authorized officials require authorization from a judicial authority.

Fines cannot exceed 1% of the turnover in the case where incorrect or misleading information is provided in response to a request for information, providing information out of time or refusal to submit to an inspection ordered by decision (Article 14).

Periodic penalty payments, not exceeding 5% of the average daily aggregate turnover, may be imposed to compel the parties to supply complete and correct information or to submit to an inspection.

Case T-310/01 Schneider Electric v Commission [2002] ECR II-4071, LawLex200500004267JBJ.

Commission Decision M.2624 of 19 June 2002, BP/Erdölchemie, LawLex200500004409JBJ; M.3255 of 7 July 2004, Tetra Laval/Sidel, LawLex200800000110JBJ.

Commission Decision M.1610 of 14 December 1999, Deutsche Post/trans-o-flex, LawLex200400002638JBJ; M.1634 of 12 July 2000, Mitsubishi Heavy Industries, LawLex200500004479JBJ.

European Competition Law

359. The Commission's investigation powers

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

359. The Commission's investigation powers

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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