G. How would the Commission proceed if it considers that the complaint should be investigated?
At the end of the initial assessment phase, if the Commission has reasonable cause to suspect a contravention of a Competition Rule, it may commence the investigation phase.
During the investigation phase, the Commission may exercise its investigation powers to obtain evidence by issuing notices requiring a person to provide documents and information or to give evidence before the Commission. The Commission may also seek evidence without relying on its investigation powers, for example by inviting parties to voluntarily provide relevant facts as well as legal and economic arguments. The Commission also has the capacity to apply to a judge of the Court of First Instance for permission to enter and search specific premises to obtain documents, information and other items relevant to an investigation.
[Source: Commission’s Guideline on Investigations Paras 5.1-5.3, 5.5 & 5.22]
Print
Email