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Part II The Interplay Between Administrative, Civil, and Criminal Proceedings, 7 Disclosure and Admissibility of Evidence

From: Competition Enforcement and Procedure (2nd Edition)

Renato Nazzini

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 August 2020

Subject(s):
Cartels — Arbitration procedures — Allocation of cases — Appeals — Judicial review — National Courts — National courts

This chapter defines the limitations on disclosure and admissibility of evidence obtained or generated in one set of proceedings in another set of proceedings. Evidence obtained by the Commission in the course of an investigation may be relevant for the purposes of further administrative proceedings by the Commission or by national competition authorities, including the CMA. Hence, the chapter deals with the use of information obtained by the Commission for the purposes of other administrative proceedings by the Commission or an NCA, as well as the use of information by the CMA for the purposes of further administrative proceedings by the CMA itself. The chapter then looks at the use of information in proceedings relating to the cartel offence under section 188 of the Enterprise Act 2002. Finally, the chapter addresses the problems relating to use of information obtained by the Commission in litigation in national courts.

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