General Court partially annulled the inspection decisions, highlighting procedural flaws and reminding the Commission that its investigative powers, while extensive, are not without limits. The decisive moment came in 2023, when the CJEU went further and fully annulled the dawnraids. The reason for such annulment: the Commission had relied on supplier interviews that were neither properly recorded nor validated. Internal notes were deemed insufficient to justify such an intrusive measure. |
are essential: authorities must stick
to the articulated theory of harm and
avoid overreach.
The annulments underscore a critical
lesson: procedural discipline is not
a technicality but a safeguard of
fundamental rights. Ethical lapses in
the collection of evidence- such as
failing to properly record interviews
- can translate into legal defects,
ultimately collapsing an entire
investigation. For companies, this case
serves as a reminder that meticulous
documentation and respect for
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However, the legal trajectory of this case illustrates how procedural rigor- and its ethical underpinnings- can determine the fate of enforcement actions. |
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due process are not only defensive |
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This judgment clarified key judicial expectations. Inspections must rest on a solid factual basis- dawn raids cannot be launched on mere suspicion or as fishing expeditions. Evidence gathering must meet high standards of accuracy and transparency; interviews must be documented and confirmed by the interviewees. Finally, proportionality and scope discipline |
strategies but may be considered also
as ethical imperatives.
Türkiye stands out for the intensity of
its enforcement activity. The Turkish
Competition Authority continues to
conduct frequent on- site inspections,
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