9.1.2001 Official Journal of the European Communities L 4/31 COMMISSION DECISION of 12 July 2000 pursuant to Articles 14 and 15 of Council Regulation (EEC) No 4064/89 imposing fines on an undertaking for supplying incomplete information in merger control proceedings (Case COMP/M.1634 — Mitsubishi Heavy Industries) (notified under document number C(2000) 1981) (Only the English text is authentic) (Text with EEA relevance) (2001/16EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), as last amended by Council Regulation (EC) No 1310/97 (3 and in particular Articles 14(1)(c) and 15(1) thereof, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, Having regard to the opinion of the Advisory Committee on Concentrations, Whereas: I. INTRODUCTION (1)  On 26 March 1999, the Commission received a noti- fication pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (‘the Merger Regulation’) of a concen- tration whereby Kvaerner ASA (Kvaerner) and A. Ahlstrom Corporation (‘Ahlstrom’) notified their inten- tion to establish a joint venture by combining the pulping equipment engineering businesses of Kvaerner Pulp and Paper (KPP’) and Ahlstrom Machinery Group (AMG) (). 2)  In relation with its extended investigation into the noti- fied operation, the Commission addressed by fax a request for information to Mitsubishi Heavy Industries Europe, Ltd (Mitsubishi’), pursuant to Article 11 of the Merger Regulation. The period to supply the information requested expired on 10 June 1999. Mitsubishi failed to reply to the request for information and claimed in its () O] L 395, 30.12.1989, p. 1; corrigendum OJ L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. (}) Case IV/M.1431 — Ahlstrom/Kvaerner fax dated 14 June 1999 that it had provided all informa- tion that could be provided. Given that no information as requested was forthcoming from Mitsubishi, the Commission sent a copy of its request for information by fax on 17 June 1999. Mitsu- bishi replied by fax dated 22 June 1999. However, the information in this fax was incomplete, as was admitted by Mitsubishi itself in the reply. On 2 July 1999, the Commission adopted a decision pursuant to Article 11(5) of the Merger Regulation. In the decision, the Commission required Mitsubishi to supply the relevant information no later than on 9 July 1999. The information requested was specified in the annex to the decision. In its decision, the Commission indicated, pursuant to Article 15(1) of the Merger Regu- lation, that should Mitsubishi fail to supply the informa- tion requested within the period prescribed, it shall incur a periodic penalty payment of EUR 15000 per day, calculated from the end of that period. The decision was notified to Mitsubishi on 6 July 1999. Mitsubishi has not provided the information requested by the Commission's decision, despite several reminders. On 20 December 1999, the Commission sent a State- ment of Objections to Mitsubishi in order to allow Mitsubishi make known its views on the infringement of Article 11 of the Merger Regulation committed by it. Mitsubishi did not reply to the Statement of Objections. II. INFRINGEMENT OF THE MERGER REGULATION: RELEVANT FACTS Mitsubishi failed to supply the full information requested by the Commission in its decision of 2 July 1999 pursuant to Article 11(5) of the Merger Regulation. In particular, Mitsubishi failed to supply the information requested concerning the price charged by Mitsubishi for: — each new recovery boiler sold to the chemical pulp industry in order to be incorporated into a new pulp mill worldwide since 1990,