# Commission Decision of 7 July 2004 imposing fines on an undertaking for supplying incorrect or misleading information in a notification in a merger control proceeding (Case No COMP/M.3255 — Tetra Laval/Sidel) (notified under document number C(2004) 2500) (Only the English version is authentic) (Text with EEA relevance) (2005/305/EC), Division (10): The infringements on which the Commission bases the fines decision are:

Extent: E+W+S+N.I.

(a) infringement of Article 14(1)(b) Merger Regulation due to Tetra’s failure to disclose the Tetra Fast technology in Section 8.10 of Form CO requiring the disclosure of R&D in affected markets;
(b) infringement of Article 14(1)(c) Merger Regulation due to Tetra’s failure to disclose the Tetra Fast technology in replying to the Commission’s Article 11 request of 13 July 2001 in which:
(i) question 4 requested Tetra to describe developments regarding PET packaging for juice and liquid dairy products (LDP) (Tetra knew about the aseptic quality of Tetra Fast which is of particular relevance to packaging juice and LDP); and
(ii) question 5 asked for ongoing development in PET barrier technologies (Tetra had filed a coating patent based on the Tetra Fast technology).

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Source: https://www.legislation.gov.uk/eudn/2005/305/division/3/8 (the official version)
Page: https://openlegislation.uk/eu-decision-2005-305/division-3/8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

