European Commission requests for information

Copyright © 2025 LexisNexis
Published by a LexisNexis Competition expert
Practice notes
In-house

European Commission requests for information

Copyright © 2025 LexisNexis

Published by a LexisNexis Competition expert

Practice notes
In-house
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The Commission has been granted broad investigative powers in order to enforce EU competition rules and prosecute antitrust violations, including cartels. Among others, the Commission has the power to request undertakings (and associations of undertakings) to 'provide all necessary information'.

Two types of request for information (RFI)

Article 18 of Regulation 1/2003 provides for two types of request for information (RFI), namely:

  1. •

    simple RFIs, which are not mandatory: recipients are under no obligation to provide the requested information; if recipients decide to answer, they may leave certain questions blank. However, recipients cannot provide incorrect or misleading information. A simple RFI should:

    1. ◦

      state the legal basis and purpose of the request

    2. ◦

      specify what information, including documents containing such information, is requested

    3. ◦

      set the time-limit to provide the information, and

    4. ◦

      indicate the penalties for supplying incorrect or misleading information

  2. •

    RFIs by decision, which are mandatory: recipients are under the obligation to provide all the requested information. A RFI by decision shall:

    1. ◦

      state the legal basis

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