The EU General Court halts dawn raid "fishing expeditions" (Prysmian)

Following dawn raids on the premises of electric cable manufacturers, the European General Court has partially overturned two EU Commission inspection decisions, finding the scope of inspection to be overreaching in scope. This is the first time that a court has annulled (albeit partially) a Commission decision authorizing a dawn raid, which must specify the subject-matter and purpose of the inspection. The General Court set out that the Commission cannot proceed with a dawn raid unless it has reasonable grounds to believe that an infringement of EU competition law took place – with specific reference to the products or activities mentioned in the inspection decision. These rulings reinforce the rights of defense of parties and place the Commission under greater

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Authors

  • Jones Day (Brussels)
  • European Commission (Brussels)
  • Jones Day (Brussels)

Quotation

Bernard Amory, Filippo Amato, Cecelia Kye, The EU General Court halts dawn raid "fishing expeditions" (Prysmian), 14 November 2012, e-Competitions Bulletin November 2012, Art. N° 50234

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