#62023TJ1097_RESEU Court Upholds Commission Information Request in Vivendi Merger Review
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The judgment confirms that the European Commission can require companies to provide information during merger and competition reviews when the request is clearly explained, linked to the investigation, and proportionate. For businesses involved in EU merger control or competition investigations, the ruling reinforces the need to respond carefully to Commission information requests. Companies can still challenge excessive or unclear requests, but heavy workload alone will not be enough if the information is necessary for the investigation.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Confirms the Commission’s power to request information from companies during EU merger control investigations
- Clarifies that information requests must state their legal basis, purpose, and connection to the suspected issue
- Reinforces that proportionality is assessed case by case, including the workload placed on the company
Obligations
What this law requires
In EU merger control proceedings, the Commission may require undertakings to provide information under Article 11(3) of Regulation (EC) No 139/2004 where the request states its legal basis and purpose, identifies the suspected infringement and undertakings concerned, and explains the necessary link between the information requested and the investigation.
A company challenging a Commission information request must show more than administrative burden; absolute impossibility of implementation requires proof that compliance is objectively impossible, not merely difficult or resource-intensive.
The Commission must ensure that information requested during a merger investigation is necessary for the investigation and proportionate to its purpose, while retaining a margin of discretion subject to judicial review.
The Commission must state reasons for an Article 11(3) information request by clearly indicating the legal basis, purpose, investigated infringement, undertakings covered, and evidence suggesting an infringement.