Requests for Information in Merger Cases: Regulatory Overreach?

In addition to a long and extensive Form CO, the European Commission collects further information and data via requests for information. Focusing on the request for internal company documents, this article considers whether the Commission overextends its powers and whether the merging parties’ rights of defense are guaranteed. It discusses key issues such as (i) the Commission’s broad discretion and the limited possibility for merging parties who wish to proceed swiftly to moderate or challe