Recording of statements

Recording and handling of statements

The Commission is entitled to record the statements of the interviewee. This can be done by – taking notes and preparing minutes; – recording the entire interview on tape or any other medium and preparing a transcript (see Article 3 (2) of Commission Regulation 773/2004); – allowing the interviewee to submit a written version of the statements provided.

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It is for the interviewers to decide which is the best type of recording for the case in question taking into account the need to use the statement as evidence in the subsequent procedure with the necessary authentication of the statement by the interviewee and the need of the interviewee to protect its legitimate interests (e.g. risk of disclosure procedure of leniency statements before national courts or risk of retaliation if the identity of the interviewee is revealed [voice on the tape can be recognised]).

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If the statement is recorded on a tape, the tape with the recording of the statement will be copied and the original placed in a sealed envelope. This will be done in the presence of the interviewed and immediately after he/she has finished the statement. The Commission services will also add a note for the file registering the identity of the person making the statement, the day and time of the recording and the fact that they have duly informed the interviewed of its rights and duties as mentioned in section 3.4 above.

Other Considerations

In order to enhance the accuracy of the statements, a copy of the recording and its transcript has to be made available to the interviewee for approval/rectification (Article 3(3) of Commission Regulation 773/2004). The Commission sets a time-limit within which the person interviewed may communicate to it any correction to be made to the statement (Article 3 (3) and recital 4 of the Commission Regulation 773/2004) and to the transcript. It is recommended to set a short deadline in order to have the final transcripts as quickly as possible.

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The author of the statement, or the duly mandated lawyer, has to sign the final document/transcript as a true and accurate copy of his/her statements in order to be able to use the information in the subsequent procedure as evidence. Once the document is signed it, is inserted in the case file.

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The interviewee can waive the right to obtain the written statement or recording and the transcript, notably for the purpose of avoiding disclosure procedures before courts. In this case the interviewee checks and authenticates the accuracy of the recording and transcript at the Commission's premises (see further in the Module Leniency Application).

Resources

See Also

References

• Information about Recording of statements in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Recording of statements in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)