Investigative powers in practice
30 November 2018 Paris
2018 OECD GLOBAL FORUM ON COMPETITION EXPLORED AUTHORITIES' INVESTIGATIVE POWERS IN PRACTICE
Competition authorities assume a crucial and challenging mission: protecting competition in the markets. This mission requires intensive evidence and data gathering. To meet this end, competition authorities are armed with various investigative powers ranging from voluntary interviews to searches in non-business premises.
In November 2018, the Global Forum on Competition allowed participants to discuss practical issues and share best practices regarding the use of investigative powers through three breakout sessions. Breakout Session 1 discussed challenges and best practices regarding unnannounced inspections in a world where information is mostly produced and stored digitally. Breakout Session 2, explored requests for information, one of the most often used investigative powers, while Breakout Session 3 was devoted to due process and the protection of rights of subjects and third parties without hindering effective investigations.
All related materials for the discussion are available in this page.
» OECD Issues Note: Breakout session 1
» OECD Issues Note: Breakout session 2
» OECD Issues Note: Breakout session 3
» Detailed Summary of the discussion
» Watch a video about this discussion
» Watch a video about the other topics under discussion in Nov 2018
Challenges and Best practices regarding the unannounced inspections in a world where information is mostly produced and stored digitally.
Break-out session 2 - Requests for Information: Limits and Effectiveness
Requests for information, one of the most often used investigative powers, with a focus on the effective use and limitations of power to request information.
Break-out session 3 - Due Process in relation to Evidence Gathering
Due process and the protection of rights of subjects and third parties, without hindering effective investigations.
» Unannounced Inspections in Antitrust Investigations, 2013 (Issues paper for the LACCF)
» Ex-officio cartel investigations and the use of screens to detect cartels, 2013
» Improving International Cooperation, 2012
» Procedural Fairness - Competition Authorities, Courts and Recent Developments, 2011
» Procedural Fairness: Issues in Civil and Administrative Enforcement Proceedings, 2010
» Full list of Competition Policy Roundtables