Requests for information

Requests for information

Requests for information (Article 18)

Pursuant to Article 18 of Reg. 1/2003, the Commission is empowered to require undertakings and associations of undertakings to provide it with all necessary information. Information can be requested by simple letter (“simple request” (Article 18(2)) or by decision (Article 18(3)).

More about Requests for information

Requests for information are the main sources for gathering information on infringements of competition law. They are also widely used in the context of sector inquiries.

More about the Subject

Undertakings are obliged to answer to requests by decision but can refuse to reply to requests by simple letter. If they reply to either type of request by submitting incorrect or misleading information, they are liable to fines (Article 23(1)(a) and (b)) in case they are located inside the EEA. When drafting a request for information, case handlers must respect the right of the undertakings not to incriminate themselves.

Resources

See Also

References

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

Further Reading

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

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