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Blanca RODRIGUEZ GALINDO
Head, International Relations Unit
European Commission, Directorate-General for Competition
The v...
What tools does the EC possess to
collect information in the EU?
• 1. Written requests for information
• 2. Inspections
• ...
Inspections by the EC in the EU
Member States:
• 1. Legal basis: Art. 20 and 21 Reg. 1/2003
• 2. Business premises (Art 20...
Inspections by the NCA requested by
the Commission
• Legal basis: Art 22 (2) Reg 1/2003.
• The EC may ask the NCA to do an...
EC Inspections – Far reaching
Investigative powers:
1. enter any premises, land and means of transport of the
company unde...
Always cooperation with NCA's prior,
during and after the inspections (1)
• First contacts with NCA well before the date o...
Cooperation with NCA's prior, during and
after inspections (2)
• The EC consults the NCA on the draft Decision
ordering th...
Conclusion:
• Cooperation between the EC and the NCA in
inspections is a necessary ingredient for success.
• Cooperation m...
Thank you for your attention!
• See all EU laws, Regulations, Guidelines and
Notices, decisions, press releases etc. on:
•...
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Cooperation in inspections between the European Commission and National Competition Authorities s– June 2014 meeting of the Working Party 3 of the OECD Competition Committee

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This presentation by the EU was made during a hearing on Enhanced Enforcement Cooperation held at the 119th meeting of the Working Party 3 of the Competition Committee on 17 June 2014. Find out more at http://www.oecd.org/daf/competition/enhanced-enforcement-cooperation.htm

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Transcript of "Cooperation in inspections between the European Commission and National Competition Authorities s– June 2014 meeting of the Working Party 3 of the OECD Competition Committee "

  1. 1. Blanca RODRIGUEZ GALINDO Head, International Relations Unit European Commission, Directorate-General for Competition The views expressed in this presentation are personal and do not necessarily reflect the official position of the European Commission OECD WP3 Hearing on Enhanced Enforcement Cooperation, Paris, 17 June 2014 Cooperation between the EC and NCA's in inspections
  2. 2. What tools does the EC possess to collect information in the EU? • 1. Written requests for information • 2. Inspections • 3. Interviews 2
  3. 3. Inspections by the EC in the EU Member States: • 1. Legal basis: Art. 20 and 21 Reg. 1/2003 • 2. Business premises (Art 20): • By Commission decision (mandatory), or • Simple mandate (voluntary) • 3. Private premises (Art 21): • Reasonable suspicion that documents are present in premises • Needed: Court search warrant 3
  4. 4. Inspections by the NCA requested by the Commission • Legal basis: Art 22 (2) Reg 1/2003. • The EC may ask the NCA to do an inspection on its behalf. • These inspections are carried out under national law! • Commission officials or others may assist the NCA during the inspection. 4
  5. 5. EC Inspections – Far reaching Investigative powers: 1. enter any premises, land and means of transport of the company under investigation; 2. examine the books/other records related to the business, independent of the medium on which they are stored; 3. take or obtain in any form copies of or extracts from such books or records; 4. seal any business premises and books or records; 5. ask any representative or member of staff of the company for explanations on facts or documents relating to the subject-matter and purpose of the inspection and to record the answers. 5
  6. 6. Always cooperation with NCA's prior, during and after the inspections (1) • First contacts with NCA well before the date of inspection. • NCA knows the language, the culture, the market, the firms and special circumstances. • This may affect e.g. the timing of the EC inspection, the choice of the premises, the size of the inspection team and the chosen strategy. 6
  7. 7. Cooperation with NCA's prior, during and after inspections (2) • The EC consults the NCA on the draft Decision ordering the inspection(Art 20(4)). • Members of the NCA will always assist the EC inspection team during the inspection (Art 20(5)): same powers as EC officials. • In case of opposition, they will take over the inspection (Art 20(6)) if needed, with assistance of the police, on the basis of a court order. 7
  8. 8. Conclusion: • Cooperation between the EC and the NCA in inspections is a necessary ingredient for success. • Cooperation makes the EC investigations more effective and efficient • This is only possible on the basis of mutual trust and a good legal framework for cooperation 8
  9. 9. Thank you for your attention! • See all EU laws, Regulations, Guidelines and Notices, decisions, press releases etc. on: • http://ec.europa.eu/competition/index_en.html 9
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