The EU General Court rules on challenges to the dawn raids carried out by the Commission in the electrical cables sector (Prysmian)

1. Introduction During the course of 2012 there have been various developments at the EU level in relation to the unannounced inspections or "dawn raids" regularly conducted by the Commission in competition law cases. The General Court has ruled on challenges to the dawn raids carried out by the Commission in its Power cables investigation, providing an important warning to the Commission that it does not have the power to conduct "fishing expeditions", but avoiding ruling on the legality of the Commission's claimed powers in relation to electronic searches. Decisions of the European Court of Justice ("ECJ") and the Commission, upholding and imposing fines on companies for obstruction during dawn raids, have also emphasised the co-operation obligations owed by companies during dawn

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Authors

  • Novartis (Basel)
  • Herbert Smith Freehills (Brussels)

Quotation

Molly Herron, Craig Pouncey, The EU General Court rules on challenges to the dawn raids carried out by the Commission in the electrical cables sector (Prysmian), 14 November 2012, e-Competitions Bulletin November 2012, Art. N° 50285

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