Overview

The power to conduct inspections at companies' premises and homes constitutes one of the most powerful enforcement tools of the European Commission. Inspection can also be coordinated at the European and international levels when several authorities investigate the same international cartels, as well as when the suspected participants have their main offices abroad. Inspections entail high risks for the companies and individuals concerned, and not only because they could ultimately lead to an infringement decision. Private life and legal privilege issues will necessarily arise and appropriate measures need to be implemented to reduce the risk of obstruction. Against this backdrop Nathalie Jalabert-Doury presents an in-depth analysis of the legal and practical aspects of competition inspections under EU law to provide lawyers willing to prepare upstream as well as those facing such an inspection with a clear understanding of the procedures involved and steps to be taken. The author lays out the two main regimes of antitrust enquiries under Regulation 1/2003: inspections carried out on the basis of a Commission decision (Article 20(4)), and those operated on the basis of an authorization (Article 20 (3)). For each regime, she describes the entire course of an inspection in chronological order and with extreme precision. Specific inspection procedures are also discussed separately, as well as inspections based on cooperation mechanisms through the European Competition Network. Enriched by the author's vast experience on the topic, the book is a necessary and essential guide for competition law practitioners faced with an EU inspection. It is a must-have title for enforcers, judges, in-house counsels and lawyers alike.

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9781939007988

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Nathalie Jalabert-Doury is the head of Antitrust and Competition at Mayer Brown's Paris office. She has developed an extensive practice in all aspects of competition law, whether at national or European level: cartels, concerted practices and abuse of dominance, mergers, horizontal and vertical agreements as well as States aids. Nathalie has notably acquired a particular expertise in international cartels, through her interventions in several leading Community and French cases. Cecilio Madero Villarejo studied law at the Complutense University in Madrid. He started his professional life at Banco Bilbao (BB) in Spain where he worked for 5 years. In 1987 he joined the European Commission (DG Competition). As an official in charge of competition investigations, during the period 1987-1995, he was entrusted with the adjustment of State monopolies (oil, alcohol and tobacco) and regulatory and antitrust work related to the completion of the internal energy market (gas and electricity). In 1995, he was appointed Head of Division in charge of a State aid Unit supervising the textile, papers, chemical, pharmaceutical, electronic industry, mechanical engineering and other manufacturing sectors. Between 1999 and 2006, he was Head of Unit in charge of Information Industries, Internet and Consumer Electronics. In October 2006, he was appointed Director for Services, followed in August 2007 by his appointment as Director for Information, Communication and Media of DG Competition. In November 2010, he became Acting Deputy Director-General for Mergers and Antitrust and in May 2011, he was appointed Deputy Director-General for Antitrust and Cartels of DG Competition. Since then, he supervises the work of DG COMP on this key part of its activity (Antitrust and Cartels). He was recently appointed Deputy Director-General for Mergers, effective 1st March 2019. His experience with the Commission spans 32 years during which his career has been heavily focused on competition and single market policies and European integration.

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