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3 The Investigation of Cartels

Ros Kellaway, Jan Nuijten

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Cartels — European Union — Dawn raids — Inspections — Privilege

The European Commission has extensive fact-finding powers in its investigation of cartels. The chapter discusses those powers of investigation, in particular the European Commission’s powers of inspection, dawn raids, and the legal framework of inspection, as well as issues of legal professional privilege, litigation privilege, the privilege against self-incrimination, and disclosure. It also considers requests for information and the responses required, as well as practical tips for practitioners. These topics are discussed by Ros Kellaway (Eversheds, London) from a private practitioner’s perspective and by Jan Nuijten (case handler, Cartels Directorate, Directorate-General for Competition, European Commission) from the angle of a public enforcer.

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