Access to information

Access to information

Access to information outside the Commission's investigation file

Access to file only extends to accessible documents emanating from the investigation conducted against the addressee(s) of the Statement of Objections. Normally, only documents in the Commission's investigation file are accessible. 1 Furthermore, the scope of the principle of equality of arms only applies in respect to the documents in the Commission's investigation file.

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It is not for the Commission alone to determine whether the documents are of use for the defence of the parties. The Commission is not required to make available, on its own initiative, documents which are not in the investigation file and which it does not intend to use against the parties in the final decision.

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Nevertheless, the parties may make a reasoned request to have access to documents that, although not part of the investigation file, may in their view be relevant for preparing their defence. 2 The case team is not obliged to ascertain that there are no other documents relating to the case within DG Competition or other parts/services of the Commission. Whether documents are sufficiently closely linked with the investigation and may therefore be relevant for the defence of the parties will have to be examined in relation to the specific circumstances of each particular case.

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See Also

References

  • Information about Access to information in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1]
The Commission file in a competition investigation consists of all documents which have been obtained, produced and/or assembled by the DG Competition during the investigation that has led the Commission to raise its objections. Therefore, all pieces of information acquired during the investigation against a company form part of the investigation file. Moreover, all information that the Commission uses in its final decision are part of the investigation file (Joined Cases T-25/97 e.a. Cimenteries CBR e.a. [2000] ECR II-491, para. 382). Documents sent by the parties or others to other DGs of the Commission which the latter did not communicate to DG Competition are not part of the file. (see also above section 2).
[Note 2]
Joined Cases T-25/95 e.a. Cimenteries CBR e.a. [2000] ECR II-491, para. 383.

Further Reading

  • Information about Access to information in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

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