Ceeskee draehy, a.s.v European Commission: No Obligation for the Commission to Assess Exculpatory Evidence If There Is Already Sufficient Incriminating Evidence to Order an Inspection

摘要

Ceeskee draehy is the Czech state-owned railway operator, active in markets for (ⅰ) the supply of passenger transport services and (ⅱ) the provision of railway infrastructure management in the Czech Republic. In January 2012, the Czech Competition Office opened an investigation into Ceeskee draehy due to suspicions of predatory pricing on the Prague-Ostrava train line. The Czech Competition Office shared the information it obtained with the European Commission and, on 18 April 2016, the Commission adopted a decision (C(2016) 2417) ordering Ceske' drahy to submit to an unannounced inspection (Case AT.40156 Falcon) under Article 20(4) of Regulation 1/2003. On 22 June 2016, the Commission adopted a separate decision (C(2016) 3993) ordering Ceeskee draehy to admit to a second unannounced inspection (Case AT.40401 Twins) based on evidence the Commission obtained during the Falcon dawn raid.