Commission investigations

Information whose publication may jeopardize Commission investigations – Commission's own initiative

For more information and guidance on the substantive identification of this type of information see more in this Portal.

More about Commission investigations

The case team should start identifying this type of information as soon as possible.

Resources

See Also

References

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

Further Reading

• Information about Commission investigations in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

Information whose publication may jeopardize Commission investigations

The publication of certain types of information may jeopardize the Commission's ability to conduct its investigations both in specific cases and in general. This can in particular be the case of admissions provided by the parties under the Leniency Notice and voluntary admissions of the participation in an infringement made by parties during inspections, in replies to requests for information and during the oral hearing. Therefore, the Commission may redact certain information falling within this category in the public version of the decision.

More about Commission investigations

The Commission's leniency policy as expressed in the Leniency Notice is its crucial investigative tool in cartel investigations and its optimal functioning is of vital importance to the Commission's ability to successfully detect, investigate and punish hard-core cartels. A properly functioning leniency policy enhances deterrence of cartel behaviour.

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Protecting the confidentiality of leniency submissions is very important for maintaining the attractiveness of the Commission's leniency policy and its optimal functioning. On the other hand, the public (especially future leniency applicants, victims of competition law infringements and the legal community) have an interest in knowing about the leniency procedure and the treatment of leniency applicants.

Other Considerations

It is up to the parties themselves to mark proposals for redaction of information such as quotes stemming from their own corporate statements or other information stemming from their corporate statements to the extent that they are traceable to them. The Commission, however, ultimately decides whether the publication of certain information would jeopardize the Commission's investigation and whether other information than that marked by the parties should be redacted to avoid such adverse effects on the functioning of the Commission.

Resources

See Also

References

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

Further Reading

• Information about Commission investigations in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)