The following Competition practice note Produced in partnership with Dentons provides comprehensive and up to date legal information covering:
The European Commission (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'.
Article 18 of Regulation 1/2003 provides for two types of request for information (RFI), namely:
simple RFIs, which are not mandatory where 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:
state the legal basis and purpose of the request
specify what information, including documents containing such information, is requested
set the time-limit to provide the information, and
indicate the penalties for supplying incorrect or misleading information
RFIs by decision, which are mandatory: recipients are under the obligation to provide all the requested information. A RFI by decision shall:
set the time-limit to provide the information
set out the penalties for supplying incorrect or misleading information, or for not providing in time the information requested, and
indicate the right to have the decision reviewed by the Court of Justice.
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