Les inspections de concurrence, Louis VOGEL

Louis Vogel

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to catherine.prieto@univ-paris1.fr for review in this section.

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When defining the legal regime for competition inspections, all the legal systems studied (European Union, France, Germany, Italy, United States) seek first and foremost to maintain a balance between the effectiveness of the inspection and the rights of the defence. Nevertheless, depending on the country, inspection procedures vary considerably in terms of both the organization of the inspection itself (unity or duality of the investigating authorities; single or differentiated procedure, etc.) and the way it is carried out (the company’s right to be assisted by counsel, the obligation to answer questions during the hearing, the possibility for investigators to gain access to private premises, the scope of computer seizures, etc.). By comparing them with those of other legal systems, are the French or European solutions justified, in particular in the area of protection of professional secrecy or the judge’s control over the visit and seizure operations?