De Commissie opent procedure tegen Tsjechische J&T Groep wegens hinderen tijdens inspectie (en)
The European Commission has opened proceedings against J&T Finance Group, J&T Investment Advisors (both part of the "J&T Group") and Energetický a prumyslový holding, active in the electricity and lignite sectors in the Czech Republic, to investigate whether these companies have obstructed the Commission's inspection of 24 to 26 November 2009 at their premises. The Commission will in particular examine whether these companies produced the required records in incomplete form and whether their behaviour constitutes a refusal to submit to an inspection, in violation of EU rules governing antitrust investigations.
On 24-26 November 2009 the Commission carried out inspections at the premises of Czech companies active in the electricity and coal sectors, investigating a potential violation of EU competition rules (Articles 101 and 102 TFEU).
During the inspection, at the premises of the J&T Group and of Energetický a prumyslový holding, a number of incidents relating to the handling of e-mail accounts and the access to electronic records occurred which will be further investigated by the Commission. If the Commission finds that the companies, intentionally or negligently, refused to submit to an inspection or produced required records in incomplete form, it may impose a fine of up to 1% of the total turnover of the company concerned in the preceding business year (Article 23(1) lit. (c) of Council Regulation (EC) No 1/2003).
The opening of proceedings does not imply that the Commission has proof of an infringement. It means that the Commission will conduct an in-depth investigation of the case as a matter of priority. The company's rights of defence will be fully respected.
There is no strict deadline to complete such inquiries. Their duration depends on a number of factors, including the complexity of each case, the extent to which the undertakings concerned co-operate with the Commission and the exercise of the rights of defence.
Background:
This investigation concerns only J&T's and Energetický a prumyslový holding's behaviour during the Commission inspections in November 2009. It is without prejudice to the Commission's investigation of the potential antitrust infringements in the Czech electricity sector, which is ongoing (see MEMO/09/518).
The Commission is committed to investigating behaviour that may jeopardise its investigations under the EU competition rules. In June 2008, the Commission opened proceedings against Sanofi-Aventis (see MEMO/08/357) and in January 2008 the Commission fined E.ON €38 million for the breach of a seal during an inspection (see IP/08/108 and MEMO/08/61).