Updates & Corrigenda

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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:

Update | p. 53

Page: 053 Chapter: 2.3 Enforcement of Arts. 101 and 102 TFEU Chart Number: C36 Chart Title: Powers of investigation of the Commission

The box in the 4th row must read:

Obligation of the undertakings to cooperate

In principle, the undertakings must cooperate with the Commission. In certain circumstances, undertakings may withhold information:
• Self-incrimination:
No obligation of undertakings to admit infringements, though factual questions must be answered; recital 23 in the preamble to Regulation 1/2003/EC; Orkem (1989), Solvay (1989), Société Générale (1995).
• Legal professional privilege (attorney – client):
No obligation of an undertaking to disclose confidential communications with its external counsel; AM & S (1982). No such privilege for in-house counsel; AKZO Nobel (2010);
• Protection of business premises:
Art. 8 ECHR (protection of the home) may in certain circumstances cover business premises. The Commission’s measures must not be arbitrary or disproportionate; Roquettes Frères (2002);
• Breach of seal during an inspection:
In the case of a breach of a seal, the undertaking must prove that the seal was neither wilfully nor negligently broken; E.ON (2012).

Published: 25 August 2014