October / November 2000

EU: Commission’s stricter fining policy aims to deter recalcitrant companies

01 October 2000

Under the tight timetable of the ECMR, the Commission has limited time to carry out its own investigations and must necessarily base its assessment largely on the information provided by the parties in their notification and by third parties in their responses to the Commission’s questionnaire. To provide false or misleading information or refuse to supply information seriously undermines the merger control process. The Commission has therefore shown its determination to impose very substantial fines even against third parties who do not provide the information requested by the Commission in the course of a merger control proceeding. The Commission has also indicated that it may make a proposal to the Council for an increase in the amounts of the fines levied in such cases.