Definition of the file

The “Commission's file” in a competition investigation consists of all documents obtained, produced and/or assembled by DG Competition during the investigation that has led the Commission to raise its objections. The term “documents” includes all forms of information media.

More about Definition of the file

Documents submitted to or in possession of other Commission services other than the submissions during the inter-service consultation of the concerned case are not part of the file, as they have not been obtained, produced and/or assembled by DG Competition during the investigation using the powers provided for in Regulation 1/2003.

More about the Subject

Documents without an objective link to the investigation should be returned to the sender as soon as possible and be removed from the file. Only a standard letter by which the documents are returned, describing the type of document (e.g. report, market study, or a reference to the inspection number) and the reason for the return (“non case-related document”) is kept in the file.

Other Considerations

Documents allegedly protected by legal professional privilege should be avoided to include in the file before their status has been determined. Claims for legal professional privilege are treated on the spot during the inspection where possible. In case of disagreement companies cannot oppose to the Commission taking the documents in a sealed envelope to the Commission premises for further treatment 1 .

All precautions need to be taken to protect the identity of an informant who has expressed the wish to remain anonymous.

Resources

References

Information about Definition of the file in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] See Joined Cases T-125/03 & T-253/03, Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission.

Definition of the file

Definition of the file