Final report of the Hearing Officer in case COMP/E.1/36.212 — Carbonless Paper (prepared under Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of referene of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21)) (Text with EEA relevance)
Date: 2001-12-05
Institutions: European Commission
Subjects: audit, economic concentration, pulp and paper industry, report

21.4.2004

EN

Official Journal of the European Union

C 96/39

(b) Hearings

Commission address for correspondence:

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND
CORRESPONDENCE

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of
the interested
party). All written submissions,
including the information
requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
labelled ‘For
a non-confidential version, which will be
inspection by interested parties’.

(1) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

is a confidential document pursuant

the Council

It

European Commission
Directorate General for Trade
Directorate B
Office: J-79, 5/16
B-1049 Brussels
Belgium
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. NON-COOPERATION

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested
party does not co-operate, or co-operates only partially, and
findings are therefore based on facts available in accordance
with Article 18, the result may be less favourable to the party
than if it had cooperated.

Final report of the Hearing Officer in case COMP/E.1/36.212 — Carbonless Paper

(prepared under Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the
terms of referene of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001,
p. 21))

(2004/C 96/05)

(Text with EEA relevance)

The right of the undertakings to be heard has been respected. The procedure has progressed in due form
for both written and oral phases, during which parties have been heard in the hearing of 28 March 2001.

On this occasion, it appeared that evidence of the infringements as described in the statement of objections
was insufficient for the last part of the period 1992-1997.

In these circumstances, in calculating the fine, the Directorate General for Competition draw the necessary
conclusions regardig the duration of the infringements as suggested by the Hearing Officer. As a result, the
i.e. until September 1995.
fine has been calculated on the basis of elements showing clear evidence,

Done at Brussels, 5 December 2001.

Serge DURANDE