Mo Och Domsjö AB v Commission of the European Communities (T-352/94)

Judgment of 14 May 1998

law://eu/cjeu/1994/t-352-94/para_386@2026-11-15

386Moreover, it is questionable whether the Commission is entitled to obtain information in return for a reduction in the fine. In the present case, the Commission, speaking through the Member of the Commission responsible for competition policy, acknowledged that it could not have established the existence of the cartel without the information provided by Stora. Consequently, if undertakings receive a financial incentive to provide information to the Commission in circumstances in which the Commission cannot require them to provide it (see Case 374/87 Orkem v Commission [1989] ECR 3283 and Case 27/88 Solvay v Commission [1989] ECR 3355, summary publication), it cannot be ruled out that, in order to obtain the maximum financial advantage, some undertakings may be over-enthusiastic in their admissions, thereby undermining the credibility of their statements.

Mo Och Domsjö AB v Commission of the European Communities (T-352/94)

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