The EU Court of Justice upholds use of evidence from a national authority other than a member state competition authority (Pacific Fruit)

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April 27, 2017, that the national authority properly transmitted such evidence under national law and that, in particular, nothing under EU competition rules impeded such transfer (Case C-469/15 P, FSL Holdings NV, Firma Léon Van Parys NV, and Pacific Fruit Company Italy SpA ("Pacific Fruit Group") v. European Commission). Background This ruling arises from the Commission's investigation of anticompetitive practices relating to the exchange of price-related information of bananas in northern Europe (northern European investigation), commenced in 2005. In the context of