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2013 ICN Cartel Workshop Cape Town, 17 October

International Cooperation in Cartel Investigations Regional Cooperation Hanna Witt Head of Cartel Enforcement, Swedish Competition Authority. 2013 ICN Cartel Workshop Cape Town, 17 October. European Competition Network (ECN).

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2013 ICN Cartel Workshop Cape Town, 17 October

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  1. International Cooperation in Cartel InvestigationsRegional CooperationHanna WittHead of Cartel Enforcement, Swedish Competition Authority 2013 ICN Cartel Workshop Cape Town, 17 October

  2. EuropeanCompetitionNetwork (ECN) • European Commission + 28 National CompetitionAuthorities (NCAs) • In-depthcooperation, on firm legal basis • Council Regulation 1/2003 • Information/notificationaboutcases; Principles for caseallocation(Art. 11) • Exchange ofinformation and evidence(Art. 12) • Assistancewithfact-findingmeasures in anotherNCA’sjurisdiction, e.g. dawn raids (Art. 22) • Forum for policy development • Policy recommendations • Regularexchangeofexperiences in dedicatedworkinggroups

  3. Assistancein investigations • Article22, Regulation 1/2003 • Inspectionson behalfof the Commission or anotherNCA • Otherfact-findingmeasures • Requests for information • Interviewswithindividuals • Assisting NCA appliesitsown procedural rulesand powersofinvestigation • No legal obligations – cooperationbased on ”best efforts”

  4. Nordic cooperation • Close cooperationbetweenthe NCAsof the Nordic countries • AnnualNordic meetings • Joint Nordic Reports • Nordic CartelNetwork • Working Groups focusing on specificissues/areas • Multilateral agreementon exchangeofconfidentialinformation between the NCAsofDenmark, Iceland, Norway and Sweden • Denmark, Finland and Sweden alsomembersofthe ECN

  5. Final Thoughts • Advantages of formalised enforcement cooperation • Reaching across borders in competition law enforcement • Can be essential when investigating companies that operate internationally • Clear legal basis for information exchanges and assistance reduces procedural uncertainty • Particular benefits ofclose regional cooperation • Overlapping markets / companies • Similar legal and institutionalframeworks • Challenges for the future

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