The EU Single Market Information Tool: The European Commission’s New Investigatory Power Vis-à-Vis Companies Trading in Europe

Single Market Information Tool in a nutshell.

The European Commission, which is the principal executive power of the European Union, is about to gain a new investigatory power: the Single Market Information Tool (SMIT). It will allow the EU Commission to request business-related information from private firms or trade associations in cases where it initiates or substantiates infringement proceedings against one or more EU Member State(s) that may have failed to fulfil an obligation under the applicable rules of the EU Single Market legislation. The SMIT will affect a wide range of industries including transport, environment, energy, agriculture and fisheries. More generally, the EU Commission will use the SMIT across the EU Single Market, meaning this new power may also affect other sectors such as consumer goods, pharmaceuticals, medical devices, financial services and telecommunications.

‘This article was first published in Business Law International, Vol 19 No 2, May 2018, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.’

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