The proposal of the European Commission of 22 March 2017 for an European Directive to achieve more convergence in investigative and sanctioning powers of the Member States forms a great opportunity to address the shared enforcement of antitrust cases and the effectiveness thereof in the post of this month.
Category: Competition
European Union Competition Law
Illicit but admissible evidence
Imagine that a person records a telephone conversation without the knowledge and consent of her interlocutor, nor any legitimate authorisation. What if those records are found by a public authority conducting an administrative investigation? Can this authority use the content of those conversation to prove its case? If the authority is a EU enforcement authority, these questions are far from being self-evident, given the lack of clear exclusionary rules.