Symrise Appeals European Commission Search

PARIS — German fragrance and flavors supplier Symrise has filed an appeal with the Court of Justice of the European Union against the search conducted on behalf of the European Commission between March 7 and 9.

As reported, the world’s four major fragrance suppliers — Symrise, Firmenich, Givaudan and IFF — are involved in an antitrust inquiry. In March, the companies confirmed that they are part of an investigation into possible collusion by the European Commission.

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“We consider the search to be unlawful under several legal aspects,” Symrise said in a statement on Thursday. “The EU Commission has not sufficiently explained what information it allegedly has that makes it appear possible that Symrise could also be involved in transactions that violate antitrust law. The object and purpose of the search is also not described in sufficient detail. It is merely a reproduction of general statement.”

Symrise said the Commission now has until July 26 to write to the ECJ and explain why the search executed was adequate. The Commission has also been asked to explain fully its accusations regarding Symrise.

The company said the Commission searched various documents between June 21 and 23, with Symrise lawyers present, and that they retained only a “marginal number” of them.

“All other electronic documents viewed were deleted again in the presence of our lawyers,” Symrise said. “We now firmly believe that Symrise cannot be the target of the ongoing investigations.”

In March, the Commission revealed it had carried out unannounced inspections of the premises of companies and one association active in the fragrance industry in numerous EU member states. It said it is trying to find out if there’s any collusion linked to the supply of fragrance and flavors ingredients.

The commission did not release names of companies under investigation, but the four suppliers confirmed they were part of the raid.

Symrise is the first of them to initiate an appeal with the Court of Justice.

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