International Cooperation in Cartel Investigations Regional Cooperation Hanna Witt Head of Cartel Enforcement, Swedish Competition Authority 2013 ICN Cartel Workshop Cape Town, 17 October

European Competition Network (ECN) European Commission + 28 National Competition Authorities (NCAs) In-depth cooperation, on firm legal basis –Council Regulation 1/2003 Information/notification about cases; Principles for case allocation (Art. 11) Exchange of information and evidence (Art. 12) Assistance with fact-finding measures in another NCA’s jurisdiction, e.g. dawn raids (Art. 22) Forum for policy development –Policy recommendations –Regular exchange of experiences in dedicated working groups

Assistance in investigations Article 22, Regulation 1/2003 Inspections on behalf of the Commission or another NCA Other fact-finding measures -Requests for information -Interviews with individuals Assisting NCA applies its own procedural rules and powers of investigation No legal obligations – cooperation based on ”best efforts”

Nordic cooperation Close cooperation between the NCAs of the Nordic countries –Annual Nordic meetings –Joint Nordic Reports –Nordic Cartel Network –Working Groups focusing on specific issues/areas Multilateral agreement on exchange of confidential information between the NCAs of Denmark, Iceland, Norway and Sweden Denmark, Finland and Sweden also members of the ECN

Final Thoughts Advantages of formalised enforcement cooperation Reaching across borders in competition law enforcement Can be essential when investigating companies that operate internationally Clear legal basis for information exchanges and assistance reduces procedural uncertainty Particular benefits of close regional cooperation Overlapping markets / companies Similar legal and institutional frameworks Challenges for the future