1. Home
  2. |Insights
  3. |European Commission Imposes € 38 Million Fine On E.ON For Breach Of A Seal During An Inspection

European Commission Imposes € 38 Million Fine On E.ON For Breach Of A Seal During An Inspection

Client Alert | 1 min read | 01.30.08

The European Commission (“Commission”) has imposed a fine of € 38 million on E.ON Energie AG (“E.ON”) for the breach of a Commission seal in E.ON’s premises during an inspection. The seal had been affixed to secure documents collected in the course of an unannounced inspection in May 2006. When the Commission came back the next day, the seal was broken. The inspection formed part of the Commission's enforcement activities against allegations of anti-competitive practices on the German energy markets.

The use of seals is intended to prevent the possibility of evidence being lost during an inspection, thus undermining the effectiveness of the inspection. Breaches of seals are therefore a serious infringement of competition law. In regard to the level of the fine, Council Regulation 1/2003 (Article 23(1) (e)) provides that the Commission can impose a fine of up to 1% of the company's total turnover for a seal broken intentionally or negligently. The European Commission claims, however, that when fixing the amount of the fine it has taken into account the fact that it was the first time that a seal has been broken by a company subject to an inspection and that a fine has been imposed under the provisions of Regulation No. 1/2003 concerning obstruction or interference with a Commission anti-trust investigation.

Click here to read the Commission’s press release as well as answers to frequently asked questions.

Insights

Client Alert | 4 min read | 04.22.25

First Impressions Matter: Federal Circuit Holds That Patents Claiming Application of Generic Machine Learning to New Data Environments Are Not Patent Eligible

The Federal Circuit recently addressed a case of first impression involving AI patented technology under 35 U.S.C. § 101 to hold that “claims that do no more than apply established methods of machine learning to a new data environment” are not patent eligible. This case provides helpful guidance for patent prosecutors on how to draft claims directed to AI technology to be patent-eligible and for litigators on how to attack or defend AI patents....