CASE COMMENTS: PROCEDURES - INSPECTIONS – OBJECT OF THE INVESTIGATION – RIGHTS OF THE DEFENSE

Inspections : The Court of Justice of the European Union reinforces companies’ rights of the defense by obliging the Commission to respect the object of the investigation and only to seize documents linked to the investigation (Deutsche Bahn)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In March 2011, suspecting unjustified preferential treatment for the supply of energy granted by an entity of the Deutsche Bahn group to other subsidiaries, the Commission decided to carry out an inspection under Article 20 of Regulation 1/2003. This first inspection enabled the Commission to uncover evidence of discriminatory practices implemented by another entity of the group (DUSS) with the aim of placing competitors in Germany at a disadvantage by making it more difficult for them to access certain rail terminals. These elements had enabled the Commission to give reasons for a second inspection decision, carried out when the first had not yet been

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Alexandre Lacresse, Inspections : The Court of Justice of the European Union reinforces companies’ rights of the defense by obliging the Commission to respect the object of the investigation and only to seize documents linked to the investigation (Deutsche Bahn), 18 June 2015, Concurrences N° 3-2015, Art. N° 75103, pp. 147-148

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