Competition News April 2016

Requests for information: reinforced statement of reasons for late investigative measures

With four decisions of March 10, 2016, the European Court of Justice (the "ECJ") reminded the European Commission of its obligation to state properly the reasons for its requests for information aimed at undertakings in the context of a competition investigation. This decision completes the judgment of the General Court of the European Union of November 14, 2012 which had sanctioned the Commission's practice of reviewing all the activities of an undertaking, when only one activity was concerned by the investigation (fishing expeditions).

In the case at hand, the Commission had carried out inspections in the premises of companies active in the cement sector in November 2008 and September 2009. Following these inspections, a first request for information was sent. On December 6, 2010, the Commission decided to initiate proceedings against seven of these companies. Finally, on