The EU General Court partially annuls a Commission’s inspection decision and declares inadmissible actions for annulment of measures adopted during the inspection (Nexans)

In two judgments rendered on 14 November 2012, the EU General Court (the ‘General Court’) provided guidance on the Commission’s obligation to define the product and geographic scope of its inspections and partially annulled two decisions ordering an inspection (the ‘inspection decisions’) on the grounds that they covered product categories for which the Commission did not have reasonable grounds to suspect an infringement of EU competition law. Legal background Article 20 of EC Regulation 1/2003 [1] confers wide inspection powers on the Commission. The rather general wording of its provisions leaves nevertheless a number of questions unanswered in practice. With respect to the scope of dawn raids, Article 20(4) of EC Regulation 1/2003 provides for instance that the Commission’s

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  • Baker Botts (Brussels)

Quotation

Daniel Vasbeck, The EU General Court partially annuls a Commission’s inspection decision and declares inadmissible actions for annulment of measures adopted during the inspection (Nexans), 14 November 2012, e-Competitions Bulletin November 2012, Art. N° 49705

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