The Case

An undertaking being investigated for breach of competition rules was subject to an obligation to cooperate actively, which implied that it had to make available to the Commission all information relating to the subject-matter of the investigation. The Commission was entitled to compel an undertaking, if necessary by adopting a decision, to provide all necessary information concerning such facts as might be known to it; to disclose, if necessary, information concerning such facts as might be known to it; and to disclose, if necessary, such relevant documents as were in its possession, even if the latter might be used to establish, against it or another undertaking, the existence of anti-competitive conduct. A reduction in a fine imposed for breach of competition rules under the Leniency Notice could be justified only where the information provided and, more generally, the conduct of the undertaking concerned might be considered to demonstrate a genuine spirit of cooperation on its part.