Summary Public Enforcement

Enforcement
AUTHORITIES – BECOMING AWARE OF POTENTIAL INFRINGEMENTS

a) Leniency regimes – Whistleblowing

 If parties bring infringement to notice of authorities => Possible reduction/immunity in
fines.

b) Information from other authorities

 Illegal activity found by one authority => Subsequent investigation and prosecution under
other competition regimes.

c) TP complaint

 TPs victimised by anti-competitive activities => Make complaints.
 E.g. customers, suppliers, consumers of product/service.

d) Other investigations

 Investigation on one type of illegal activity => Can find evidence of other infringements.


EC: INVESTIGATION & PROSECUTION

 Modernisation Regulation (MR) => Removes EC’s power to apply Arts 101 & 102 =>
Only focus on cartels, other infringements of EU competition law.
 National authorities & courts => Can apply Arts 102 & 102.

a) EC powers

Investigation

 EC has powers to make decision on infringement of Arts 101 or 102 (Arts 4, 7 MR)

Request for information

 EC => Request businesses > Provide all necessary info (Art 18 MR).
 EC => Must obtain consent from person > Can interview anyone in possession of useful
info + record statements made > Includes employees + non-employees (Art 19 MR).
 EC => Must state legal basis for request > Must provide businesses with time limit to
respond.
 If incorrect/misleading info => EC can impose fines (Art 18(2), (3) MR).




Inspection – ‘dawn raids’