Just How Honest Does One Have to Be with the Commission? The Lessons from the Merck/Sigma-Aldrich Case

Competition Policy International, Columns Europe, October 2022, https://www.competitionpolicyinternational.com/just-how-honest-does-one-have-to-be-with-the-commission-the-lessons-from-the-merck-sigma-aldrich-case/

7 Pages Posted: 3 Nov 2022

See all articles by Simon Vande Walle

Simon Vande Walle

University of Tokyo - Graduate Schools for Law and Politics

Date Written: October 17, 2022

Abstract

The Sigma-Aldrich case sheds light on an issue which competition lawyers face almost daily: how truthful do you have to be to the Commission? Can you avoid giving away unfavorable information by side-stepping the question? By replying to the question in a narrow way? By using words in a somewhat peculiar meaning? To put it in language that any child would understand: can you answer the question “did you eat any snacks?” by replying “I ate neither cookies nor candy”, if you know that you just ate a bucket of ice cream?

The article summarizes (1) the background to the case, (2) the Commission's finding that Sigma-Aldrich provided misleading or incorrect information, (3) the Commission’s calculation of the fine, and ends with a number of (4) comments and lessons.

Keywords: antitrust, merger control, competition law

Suggested Citation

Vande Walle, Simon, Just How Honest Does One Have to Be with the Commission? The Lessons from the Merck/Sigma-Aldrich Case (October 17, 2022). Competition Policy International, Columns Europe, October 2022, https://www.competitionpolicyinternational.com/just-how-honest-does-one-have-to-be-with-the-commission-the-lessons-from-the-merck-sigma-aldrich-case/, Available at SSRN: https://ssrn.com/abstract=4258579

Simon Vande Walle (Contact Author)

University of Tokyo - Graduate Schools for Law and Politics ( email )

7-3-1 Hongo Bunkyo-Ku
Tokyo, 113-0033
Japan

HOME PAGE: http://www.simonvandewalle.eu

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
10
Abstract Views
40
PlumX Metrics