ARTICLES: EUROPEAN COMMISSION - EXISTENCE OF CARTELS - GATHERING EVIDENCE - ORAL EVIDENCE - RIGHTS OF DEFENCE

Evidence in cartels proceedings: Current state and prospects

In order to deal with the increasing difficulties of gathering evidence, the European Commission has started to rely more and more on oral evidence to substantiate its cases, in particular with regard to the existence of cartels. This trend, combined with the current deficiencies of the European Commission’s enforcement procedure, may lead to a decrease in the quality of evidence relied upon in a case, thus affecting the parties’ rights of defence. In this context, certain changes in the European Commission’s enforcement procedure may be appropriate.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction 1. The purpose of this Article, whose scope is limited to cartel [1]proceedings, is to suggest certain avenues for reflection in order to improve the quality of the evidence used by the competition authorities and in particular by the European Commission (hereinafter the "Commission") to establish an infringement under Article 101 of the TFEU. By the Commission's own admission, the detection of infringements of the competition rules is becoming increasingly difficult [2]. With the substantial increase in fines imposed by the Commission, companies are defending themselves more vigorously and the Commission has to rely on modern search methods,

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Authors

  • Dechert (Paris)
  • McDermott Will & Emery (Paris)

Quotation

Romain Maulin, Jacques Buhart, Evidence in cartels proceedings: Current state and prospects, December 2011, Concurrences N° 4-2011, Art. N° 38773, pp. 51-64

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