ARTICLES : REGULATION 1/2003 - INVESTIGATION - NATIONAL COMPETITION AUTHORITIES - PROCEDURAL AUTONOMY PRINCIPLE - EFFECTIVITY PRINCIPLE - NATIONAL LAWS

The investigation powers of National Competition Authorities

The “procedural autonomy principle” leads to the application of national laws to Investigation powers of National Competition Authorities. The purpose of the article is to examine the consequences of the entry into force of the Regulation 1/2003. In the vertical relation (EU law/national law), it is necessary to check whether the national law is compatible with the effectivity principle. In the horizontal relation, the issue is to determine whether it is possible to solve the discrepancies between national laws thanks to a rule of conflict approach.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Among the many contributions of the case law of the Court of First Instance to Community competition [1]law, procedural issues are at the forefront. One need only mention, for example, the decisive role played by the Court of First Instance in clarifying the fate of complainants [2]or the treatment of access to the file [3]. In this context, the President of the Court of First Instance occupies a special place, in particular through the interlocutory [4]proceedings. Among the orders issued in recent months, President Vesterdorf's statement on the scope of the protection afforded to documents emanating from lawyers, in other words legal privilege, has

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Author

  • University Paris II Panthéon‑Assas

Quotation

Laurence Idot, The investigation powers of National Competition Authorities, February 2008, Concurrences N° 1-2008, Art. N° 44995, www.concurrences.com

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