This article provides an update on the rules applying to antitrust investigations carried out by DG COMP and the French competition authorities. The new rules, case law and agencies’ initiatives in that field over the past nine months are covered. At the EU level, the article provides comments on the Heidelberg and Goldfish cases concerning the motivation requirement applying to requests for information and the ability of DG COMP to use secret recordings as evidence. At the French level, the article covers the Constitutional Council decision in the Brenntag case concerning the lack of immediate action available against requests for information as well as the Darty and SRR cases.
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