November 2020

Competition Inspections under EU Law

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“The power to conduct inspections of undertakings is essential in order to enable the Commission to perform its task of protecting the common market from distortions of competition. Nevertheless, it is quite as essential to safeguard the rights of the concerned undertakings during such inspections. The contours and conditions of exercise of the power of inspection are thus continually affined through the Commission’s practice and its scrutiny by the European Court of Justice. This book gives a comprehensive, complete and very clearly written overview of this complex issue.“

- Juliane Kokott - Court of Justice of the European Union.

Nathalie Jalabert-Doury outlines the two main competition inspection regimes provided for in Regulation 1/2003: inspections carried out on the basis of a Commission decision (Article 20, 4), and those carried out on the basis of an authorization (Article 20, 3). For each regime, she describes the entire course of an inspection in chronological order and with extreme precision. Specific inspection procedures (such as in the merger field) are also dealt with separately, as are inspections based on cooperation mechanisms within the European Competition Network.

Enriched by the author's extensive experience on the subject, this book is a necessary and essential guide for competition law practitioners faced with a European inspection. It is a must-read for members of authorities, judges, in-house counsel and lawyers.

To read this complete article visit Concurrences.

Testimonials:
“A practioners’ guide is a must have for in-house counsels to handle EU inspections when they occur. This one is very well documented and practical to ensure you have access to the latest developments.“

-Ariane Oesterreicher - Veolia Environnement

“The dawn raid is by far the most powerful investigatory tool in the European Commission’s toolbox. Any attempts at obstructing a dawn raid can and will be costly. Being well prepared and knowing not only your rights but also your responsibilities is therefore crucial to ensure that the business cooperates fully while minimizing disruption and protecting your legal position. Competition Inspections under EU Law – A Practitioner’s Guide takes you through the different steps of the dawn raid and helps you avoid any unpleasant surprises or pitfalls during its course. A must have.“

-Helene Andersson - Stockholm University


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