Division (20)

During the Commission’s Tetra I investigation, field tests were being carried out and several management meetings were held. By the time of the adoption of the Commission's prohibition decision, millions of bottles were produced using the Tetra Fast technology. Even if Tetra had not been aware of the importance of the technology at the time of the notification, it had plenty of occasions during the administrative procedure of Tetra I to realise the incorrectness of the information it had provided in Form CO. It should be noted in this context that Article 4(3) of the Implementing Regulation contains an obligation to inform the Commission of any ‘material changes in the facts’ arising during the administrative procedure.