ABSTRACT
Article 18 sets out two separate procedures by which the Commission can make requests for information. The first procedure, in para 2, provides for the Commission to make a ‘simple request’ for information. This is the less invasive of the two procedures. There is no penalty for a failure to provide information, but there are penalties, under Art 23, for supplying incorrect or misleading information. This procedure is often used where information is sought from undertakings which are not the subject of a competition investigation. The request itself will set out the information that is requested, the legal basis for the request, the deadline for the provision of the information, and an indication of the possible penalties that could be imposed. The procedure for a mandatory request for information is set out in Art 18(3). In respect of a mandatory request, the Commission uses the vehicle of a Decision to require the undertaking to produce the information. The Decision resembles the format of a simple request under Art 18(2), but will also set out the penalty which will be imposed if the undertaking fails to provide the information within the time limit set. Article 24 allows the Commission to impose a periodic penalty of up to 5% of daily turnover on a continuing basis for each day of failure to provide the information. The Art 23 penalties for supplying incorrect or misleading information also apply.
