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The General Court has delivered its judgments on appeals by Cemex, Holcim AG and Holcim Ltd, Cementos Portland Valderrivas, Buzzi Unicem, HeidelbergCement and Italimobiliare against the European Commission’s decision to request information under Article 18 of Regulation 1/2003.
Amongst the claims put forward, it was alleged that the Commission’s information request decision exceeded the Commission's powers, was disproportionate and was unrelated to the investigation. The General Court dismissed the appeals in their entirety, confirming that the Commission is entitled to decide what information it considers necessary when carrying out an investigation, provided that the information could reasonably be expected to assist in its determination as to whether the alleged infringement took place.
The General Court also confirmed that the Commission is not obliged to possess information establishing the existence of an infringement before sending a request for information, it being sufficient that the Commission has reasonable suspicions of a breach of the EU competition rules. The General Court did, however, partially uphold the appeal by Schwenk Zement, on the basis that the Commission had imposed a disproportionate two-week deadline for the provision of certain information.
The OFT has decided to refer the anticipated acquisition of Surgichem Limited by Omnicell/MTS Medication Technologies to the CC. The OFT was concerned that the merger would lead to possible increased prices and/or a worsening of services to pharmacies for 'adherence packaging' products (used to repackage a patient's pharmaceutical medicine requirements).
This article was written by Paul Stone.
For more information please contact Paul on +44 (0)20 7203 5110 or email@example.com