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

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.

Keywords: EU Competition Law, Cross Border Co-operation in Competition Cases, European Competition Network ECN, Regulation 1/2003, Criminalisation, Judicial Cooperation, European Evidence Warrant