The provision of misleading and incorrect information by merging parties in EU merger investigations

Abstract

This article focuses on the supply of information by companies during a European Commission merger investigation. This information enables the Commission to forecast the future effects of the merger. If companies provide incorrect or misleading information, the Commission may inaccurately assess the effects of the merger. This article analyses the Commission’s decision-making practice in the field of submission by companies of misleading or incorrect information, with the aim of determining the scope of the application of the provisions of the EU Merger Regulation that enable the imposition of penalties on companies that provide incorrect or misleading information during a merger investigation.