10 ICC recommendations to make Requests for Information in competition investigation more efficient

Requests for Information in the context of competition investigations are an essential part of antitrust and competition law enforcement. Recent years have seen a notable increase in Requests for Information issued to so-called non-target third parties, which are not directly under investigation but able to assist competition authorities in obtaining valuable information.

In view of these recent developments, ICC recognises the legitimate interest of competition authorities to gather relevant information necessary to prevent and remedy competition violations through appropriate enforcement action. ICC equally encourages competition authorities to undertake that effort in a responsible way to eliminate unnecessary burdens imposed upon businesses, customers, competitors and suppliers of merging parties receiving Requests for Information.

By providing recommendations, ICC aims to help competition authorities obtain information more effectively through Requests for Information used to conduct investigations or market studies. They are also designed in a way to make the process of information collection more efficient and transparent for all those involved, with the hope that this effort will

• improve the quality of responses,
• increase efficiency,
• reduce costs
• and encourage continued dialogue and trust between companies and competition authorities.

The recommendations are supported by an analysis of past practices and procedures used by a diverse range of competition authorities.

ICC offers a range of practical tools on competition law and antitrust compliance for companies of all sizes and across sectors and works to build understanding between business and regulatory agencies.