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

Nowag, Julian LU (2010) In Competition Law Review 7(1). p.105-127
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... (More)
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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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
competition law, konkurrensrätt
in
Competition Law Review
volume
7
issue
1
pages
105 - 127
language
English
LU publication?
yes
id
db9e9f58-feff-4440-81a1-caa99d11a57e
alternative location
http://ssrn.com/abstract=1892357
date added to LUP
2016-08-19 17:52:51
date last changed
2016-08-25 15:49:13
@article{db9e9f58-feff-4440-81a1-caa99d11a57e,
  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.<br/><br/>},
  author       = {Nowag, Julian},
  keyword      = {competition law,konkurrensrätt},
  language     = {eng},
  number       = {1},
  pages        = {105--127},
  series       = {Competition Law Review},
  title        = {Due Process: The Exchange of Information and Risk of Hindering Effective Cross-Border Co-Operation in Competition Cases},
  volume       = {7},
  year         = {2010},
}