International Antitrust Law & Policy: Fordham Corporate Law 2004 - Hardcover
International Antitrust Law & Policy: Fordham Corporate Law 2004 - PDF
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Chapter 21
THE RESPECT OF FUNDAMENTAL RIGHTS
WITHIN THE EUROPEAN NETWORK OF
COMPETITION AUTHORITIES
Marcos Araujo†
I. INTRODUCTION
Starting in May this year, a renewed enforcement system for Articles
81 and 82 of the EC Treaty has been put in place through Regulation
1/20031 (hereafter “Regulation 1/2003” or “the Regulation”). One
distinctive feature of the new rules is the ease with which evidence (be it
statements, confidential information or privileged documents) may
circulate to be used before administrative or judicial authorities in
infringement or criminal procedures.2 In addition, new forms of joint
investigation will make it increasingly difficult to know which law applies
to the collection, transmission and use of evidence.
The functioning of the network of competition authorities and its corollary,
the collection of evidence in one jurisdiction and use in another one through the
wide possibilities of exchange outlined in Articles 12 and 22 of Regulation
1/2003, raises important questions as to how the current procedural rights
afforded by Community law and national laws may be affected as a result of the
circulation of evidence, particularly in the light of the different standards that
may apply in the originating and destination jurisdictions.
About the Editor:
Barry Hawk, Director, Fordham Corporate Law Institute; Professor of Law, Fordham University and Partner, Skadden Arps Slate Meagher & Flom (New York and Brussels)
