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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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<\/a> .<\/p>\n All precautions need to be taken to protect the identity of an informant who has expressed the wish to remain anonymous.<\/p>\nMore<\/h3>\n
Resources<\/h2>\n
See Also<\/h3>\n
References<\/h3>\n