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| 78. | Evidence carries a higher probative value if it can be established that the evidence could not have been influenced by the Commission’s investigation, such as evidence pre-dating discussions of a concentration or conduct and pre-dating the Commission’s investigation. When faced with contradictory evidence, the Commission tests the relevant statements or data when necessary, for example by checking whether independent and reliable sources are available. If independent and reliable sources are not available, the Commission assesses which evidence carries a higher probative value, taking into account the sources of the information, as well as the context of how and when the information was generated or provided to the Commission.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.