#62023TJ1119_RESEU Court Upholds Commission Power to Request Personal-Device Documents in Merger Reviews
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 in merger investigations to provide information and documents, including some material stored on personal communication tools or apps used by people connected to the company, if the request is necessary and legally justified. For businesses facing EU merger review, the ruling reinforces that internal inconvenience is not enough to refuse a Commission information request. Companies should be ready to identify, collect, and review relevant documents across work and mixed-use communication channels, while using available safeguards for sensitive personal data, private life, expression, and journalistic sources.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Confirms the Commission’s broad power to request information during EU merger investigations.
- Allows requests to cover relevant documents stored on personal communication tools or apps used by people linked to the company, subject to safeguards.
- Makes clear that practical or internal difficulties do not by themselves make compliance impossible.
Obligations
What this law requires
In EU merger control investigations, the Commission may require an undertaking to provide information and documents under Article 11(3) of Regulation (EC) No 139/2004 where the request states its legal basis, purpose, and the infringements being investigated.
An undertaking cannot justify non-compliance with a Commission Article 11(3) information request solely by relying on internal implementation difficulties; absolute impossibility must be demonstrated by the undertaking.
The judgment indicates that a Commission merger-investigation information request may cover relevant documents stored on personal communication tools or applications used by natural persons connected with the undertaking, provided the interference with private life is lawful and accompanied by appropriate safeguards.
Where Commission information requests interfere with private life or potentially sensitive personal data, procedural safeguards must exist to protect rights under Articles 7 and 52(1) of the Charter.