Due Process: The Exchange of Information and Risk of Hindering Effective Cross-Border Co-Operation in Competition Cases

Research output: Contribution to journalArticle

Abstract

The paper investigates the different regimes for the exchange of information in cross-border competition cases. It argues that the co-operation and information exchange mechanisms in competition cases established by Regulation 1/2003 have been overtaken by the means provided by the European Evidence Warrant which was developed under the former third Pillar (Co-operation in Criminal Matters). Moreover, the paper argues that both means: those provided by Regulation 1/2003 and those provided by the European Evidence Warrant are in general available to national competition authorities. In the light of the merging of the first pillar and third pillar under the Lisbon Treaty possible solutions are put forward to address the inconsistencies created by the availability of different co-operation mechanisms.

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Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • competition law
Original languageEnglish
Pages (from-to)105-127
JournalCompetition Law Review
Volume7
Issue number1
Publication statusPublished - 2010
Publication categoryResearch
Peer-reviewedYes