81In view of the foregoing, at the stage of the preliminary investigation the Commission cannot be required to indicate, besides the putative infringements it intends to investigate, the evidence, that is to say, the indicia leading it to consider that Article 102 TFEU has possibly been infringed. Such an obligation would upset the balance struck by the case-law between preserving the effectiveness of the investigation and upholding the rights of defence of the undertaking concerned.
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