Big Data Requests: The Commission’s Powers to Collect Documents in Investigations Under Articles 101 and 102 TFEU

Abstract

Access to company documents is critical for European Commission (‘Commission’) investigations, but complying with document requests can be a daunting task for a company. The Commission’s powers are expansive but not unlimited. Understanding the limits of mandatory document productions can help manage enforcement risk. This article discusses the Commission’s powers to collect and use company documents in the context of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), taking into account recent EU case Enforcement of Articles 101 and 102 TFEU, Commission investigations, Requests for Information, Inspections, Sector inquiries, Company documents, Fundamental rights and freedoms, Principle of proportionality, Balancing effective enforcement and legal protection