If the COMMISH says block that email account, BLOCK IT!

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Europe’s General Court has said the European Commission was right to fine a Czech company for not blocking access to an email account during an antitrust case.

In November 2009, the Commish ordered Energetický a Průmyslový Holding (EPH) to block email accounts of key personnel by changing the password to one known only to Commission inspectors.

However, the inspectors discovered that the password for one account had been changed on the first day, thus allowing the account holder to access the account, while an employee had told the IT department to divert all emails arriving into certain blocked accounts away from these accounts to a server.

“As a result, the incoming emails did not become visible in the inboxes concerned, they could not be searched by inspectors, and their integrity could be compromised,” claims the Commish.

So, it's slapped EPH with a €2.5m fine, which the court has now upheld despite appeals. The Court said that these two incidents constitute an obstruction in themselves and “the Commission does not need to show that any document was actually removed or manipulated”.

According to the EU's executive body "the judgment sends a clear message to companies that any steps that undermine the integrity and effectiveness of inspections, including tampering with data stored electronically, are illegal and will be sanctioned".

The biggest competition case currently on Commish books is against search engine goliath Google, and under Council Regulation No 1/2003, if an inspection goes ahead, there is nothing to stop it demanding to see Larry Page’s email account.

There’s no indication yet that new Competition Commissioner Margrethe Vestager will go down that route, but the Commission will certainly feel emboldened by the ruling. Her predecessor, Joaquin Almunia, was heavily criticised for trying to reach an agreement with Google rather than going down the sanctions route.

Vestager has said she needs more time and information before deciding on a way forward.

The General Court is a constituent court of the EU's Court of Justice, and hears actions taken against the institutions of the EU by individuals and member states.

Commish inspectors routinely identify the email accounts of key people in a company and block access to these email accounts during an inspection to prevent the destruction of content. ®

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