263Roquette claims that it was in order to characterise its conduct as covered by Section D of the Leniency Notice that the Commission claimed that the relevant documents had been made available to it only in reply to the formal request for information of 2 March 1999, based on Article 11(1) of Regulation No 17. However, according to Roquette, the formal request for information of 2 March 1999 contained questions which prompted self-incrimination and constituted an infringement of the rights of the defence, justifying the right to refrain from answering those questions and the fact that, accordingly, it answered those questions only in the course of its cooperation with the Commission. Having regard to the nonfactual nature of the questions put and to the information which the Commission already had, Roquette submits that the purpose of those questions was to oblige it to admit to its participation in the cartel. That constitutes an infringement of the rights of the defence (Case T-112/98 Mannesmannröhren-Werke v Commission [2001] ECR II-729, paragraphs 66, 67, 71, 73 and 78), the counterpart of which is the right to refrain from answering such questions. In Roquette's submission, it ensues from that potential infringement of the rights of the defence that its answers to the questions put by the Commission were given only after it decided to cooperate with the Commission.
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