Exchange of Information and Evidence between Competition Authorities and Entrepreneurs’ Rights
Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 137, 2012
31 Pages Posted: 17 Aug 2012
Date Written: August 16, 2012
This article concentrates on the exchange of information and evidence between competition authorities. The issue is analyzed from the perspective of both antitrust and merger cases. The level, scope and intensity of cooperation between competition authorities differs in respect to these two kinds of cases and, to an extent, the applicable legal framework varies as well. Our analysis is based on EU law, national legislation, and relevant case law, with attention also given to other sources of law such as bilateral and multilateral agreements, best practices, recommendations etc. In addition the problem of exchange of information is examined through the prism of the Polish Competition Act. Regulation 1/2003 and the ECN, created upon its provisions, provide detailed rules applicable for the exchange of evidence and information between competition authorities in antitrust cases at the European level. With respect to mergers, the provisions of Regulation 139/2004 do not have the same high degree of influence, hence considerable attention is given to soft law acts, such as recommendations of OECD and ICN, or best practices and informal agreements adopted by national competition authorities.
Keywords: exchange of information, exchange of evidence, international cooperation, ECN, ICN, ECA, NCAs, waivers, due process, Regulation 1/2003
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