INVESTIGATIVE ELEMENTS CONCERNING COMPETITION INFRINGEMENT Cover Image
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ELEMENTE DE INVESTIGAŢIE LEGATE DE ÎNCĂLCĂRILE CONCURENŢIALE
INVESTIGATIVE ELEMENTS CONCERNING COMPETITION INFRINGEMENT

Author(s): Vlad Teodor Florea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: EU competition law; enforcement; investigation strategies; digital evidence gathering; interviewing techniques;

Summary/Abstract: The present study analyzes the main elements of forensic investigation when the object of research is constituted by a deviation from the normal conduct of competitive relationships. In this respect, the author highlights three major categories of elements of investigation of the violations of competition, as presented by the International Competition Network and doctrine, respectively: investigative strategies; computerized data collection and hearing techniques. The first part of the study brings to the attention of the specialists the strategies for investigating the competition violations, analyzing what means to identify a cartel-type target, identifying the means and investigative resources and how to use them at different stages of the research. In the second part, the author's approach is designed to present data collection operations by showing the resources for the collection of computer data, the used methods and the challenges and impediments that may arise in these operations. The last part of the study highlights the hearing techniques that the instigators of competition violations should use. Thus, in order, it should consider: preparation of the hearing, proper hearing, different approaches to a hearing, and assessment of the hearing.

  • Issue Year: 2017
  • Issue No: 01
  • Page Range: 90-99
  • Page Count: 10
  • Language: Romanian