Request for Information to Addressees inside the EEA

Addressees inside the EEA

Article 18(1) empowers the Commission to request information from undertakings and associations of undertakings. Requests can be sent to any undertaking or association of undertakings. This includes not only the undertakings or associations of undertakings subject to the proceedings but also complainants or third parties.

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Article 18(4) specifies that owners of the undertakings or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution should supply the information requested on behalf of the undertaking or the association of undertakings concerned. Article 18(4) adds also that lawyers duly authorised may supply the information on behalf or their clients. In that case the undertaking or the association of undertakings will still remain fully responsible if the information supplied is incomplete, incorrect or misleading.

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If a duly authorised lawyer has been appointed (power of attorney in the file), a request for information can either be sent to the undertaking care of (c/o) its lawyer or be sent to the undertaking with a courtesy copy to the lawyer.

Other Considerations

If no lawyer has been duly authorised, the request for information must be addressed directly to the undertaking or association of undertakings.

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Pursuant to Article 11(2) of Regulation No 1/2003 DG Competition sends a copy of the request for information to the relevant NCAs of where the addressee of the request for information is located.

Resources

See Also

References

• Information about Request for Information to Addressees inside the EEA in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Request for Information to Addressees inside the EEA in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)