Evidence Gathering by Competition Authorities: What to Expect In a Cartel Investigation

International cartel investigations involve both independent and coordinated efforts by the Antitrust Division of the US Department of Justice, the European Commission, and other competition authorities. Whether your company is a target or third party, you should know what to expect when competition law enforcement agencies reach out to collect and process information in a cartel investigation.

Our panelists discuss:

Collecting information

• Surprise visits: search warrants (US) and dawn raids (EU).
• Interviews: FBI "drop-in" or prosecutor interviews (US), and witness interviews (EU). 
• Requests for additional information or documents: grand jury subpoenas (US) and RFIs (EU).

Processing information

• Waivers
• Exchanges of information without waivers

The session includes the multi-jurisdictional implications of sharing information with the government agencies. In particular, our attorneys discuss European Competition Network (ECN) guidelines and the Organisation for Economic Co-operation and Development (OECD) recommendations concerning international co-operation on competition investigations and proceedings.