Enforcement and Procedure
Edited by Ioannis Lianos and Damien Geradin
Chapter 2: The public enforcement of Articles 101 and 102 TFEU under Council Regulation No 1/2003: due process considerations
The modernization of the enforcement of EU competition law has routinely been associated with the idea of its ‘decentralization’, namely with the application of Articles 101 and 102 TFEU by national competition authorities and national courts. However, ‘modernizing’ the existing EU administrative machinery has also had a wide-ranging impact on the investigation and sanctioning powers enjoyed by the European Commission. While maintaining the model of ‘integrated agency’, subject to the judicial review of the EU courts, the Modernization Regulation (Regulation No 1/2003) strengthens the Commission’s tools for the detection and the punishment of individual infringements, by, inter alia, empowering it to inspect the homes of the staff of the undertakings, albeit subject to the requirement of having to seek a judicial warrant, if it suspects that business records may be hidden there, and to interview consenting personnel of the investigated firms.
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