54Given these characteristics, an econometric model cannot be characterised as an exculpatory or incriminating piece of evidence on the basis of the content of the results it produces and the subsequent use made of it for the purposes of raising or dismissing certain objections to a merger. With regard to observance of the rights of the defence, the question of whether failure to disclose to the parties to a merger an econometric model justifies the annulment of the Commission decision does not depend on the prior classification of that model as an incriminating or exculpatory piece of evidence, as the Advocate General stated, in essence, in point 40 of her Opinion.
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