Opt-out request
While in Step 3: Questionnaire, the Principal Addressee may send to the Commission a properly justified request to opt-out from the RFI. A member of the Commission's case team will review the request and will respond to it. The Principal Addressee will be notified by email. If the opt-out request is granted, the Principal Addressee is no longer under obligation to respond to the RFI.
The Commission's investigation powers
Regulation 1/2003 as well as the Merger Regulation empower the Commission to obtain all necessary information from undertakings and association of undertakings, and from persons controlling undertakings. In this respect, the Commission has the power to impose fines and periodic penalty payments for either the failure to supply information or the intentional or negligent submission of incorrect information. You will find further information in the legal basis of the addressed to your organisation.
Request to opt-out from the RFI
If you believe that you are in no position to respond to a particular RFI, because, for instance, you are not active in the relevant market, you may ask to opt out providing a through justification for your request. You cannot request to be excluded from all future RFIs.
As Principal Addressee, to send an opt-out request click on the OPT OUT link in the header of Step 3: Questionnaire.
In the dialogue box that will appear, substantiate your request and click REQUEST OPT OUT.
After you complete your opt out request, an information box will appear at the top of the questionnaire: "You have a pending request to opt out" until you receive a response from the Commission's case team.
The Commission's response
The Commission's response will be communicated to the Principal Addressee by email. If the opt-out request is rejected by the Commission, the legal deadline will still be effective and the Principal Addressee will still be responsible to sign and submit the responses on time. If the opt-out request is accepted, access to the RFI will be interrupted.
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