Commission Can Use Cartel Intel From Agencies Active In Areas Other Than Competition

The European Court of Justice recently confirmed that in proving a cartel, the Commission can rely on evidence legally transmitted to it by a national tax authority. Companies should thus beware that the Commission can tap new sources of information on possible competition law infringements through tip-offs by any national authority, not just competition authorities. This evidence may be gathered in the course of investigations unrelated to competition law. When faced with an investigation by regulatory or enforcement authorities, it is advisable for companies to check whether the information gathered during the investigation contains any reference to potentially anti-competitive activities.