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’
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’
