On 4 February 2009, the Court of First Instance (CFI) upheld a decision by the European Commission (Commission) to temporarily suspend the investigation of a merger pending responses to its further enquires. The background to the case was that, in January 2005, the Swiss company Omya AG notified the Finnish competition authority of its intention to acquire certain production businesses from J.M.Huber Corp. Following a request by the Finnish authorities, the case was transferred to the European Commission for investigation under the EC Merger Regulation. During the course of the investigation, the Commission initially indicated to Omya that it was intending to authorise the concentration however, following concerns from national competition authorities represented in the Advisory Committee, the Commission decided to carry out a further investigation and requested additional information. The Commission was dissatisfied with the accuracy of the responses it received and suspended the investigation while Omya provided revised responses. Ultimately, the deal was approved subject to conditions. In the meantime however, Omya took an appeal to the CFI claiming that the decision to suspend the merger investigation was disproportionate, a misuse of the Commission's investigatory powers and a breach of legitimate expectations. The CFI took the view that Omya had failed to demonstrate that the information requested by the Commission was unnecessary; nor did they show that the information originally supplied had been correct. The CFI also dismissed the claim that there had been a beach of legitimate expectations as a result of the Commission's initial assessment that the information provided was materially correct, since it was entitled to reverse its view following closer examination.