CONFERENCE: 10 YEARS OF APPLICATION OF THE REGULATION 1/2003 - ANTITRUST ENFORCEMENT - COLLECTION AND EXCHANGE OF INFORMATION - ROUNDTABLE 1

Collection and exchange of information within the ECN (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014)

The effective collection and exchange of information is crucial for the well-functioning of European antitrust enforcement in the context of the European Competition Network (ECN). Within the ECN, some national authorities still lack effective information-gathering tools. In the larger context of harmonizing Member States‘ competition proceedings, it may become necessary to set down by legislation the minimum of investigative powers that a national authority must have at its disposal for effective enforcement.

State of play of decentralized application of European competition law: collection and exchange of information within the ECN Andreas MUNDT President, Bundeskartellamt, Bonn 1. Regulation 1/2003 has done much to facilitate the exchange of information between ECN authorities. With its Article 12, it has introduced a legal basis for ECN authorities to exchange information without obstacles, provided the information is used in proceedings against undertakings. Specific safeguards apply only where the exchanged information is to be used in procedures against individuals. On the technical side, information exchange between ECN authorities is made possible by the existence of a secure, fast, but user-friendly ECN intranet. 2. Obviously, information must be collected before it can be

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Philippe-Emmanuel Partsch, Andreas Mundt, Morgane Tidghi, Collection and exchange of information within the ECN (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014), December 2014, Concurrences Review N° 4-2014, Art. N° 69486, pp. 54-74

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