Tag: Procedural and substantive requirements
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Use of information provided in interviews
Use of information provided in interviewsInformation provided during interviews can be used as evidence in the subsequent procedure. The Commission should however carefully assess the credibility of the statements, in particular if it has received conflicting information or if there are rea…
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Recording of statements
Recording and handling of statementsThe 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 Regu…
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Interview Questions
Questions to be asked during the interviewAs explained above, all questions asked during the interview must relate to the subject matter of an investigation.More about Interview QuestionsTaking into account that the interviewee is not obliged to actively cooperate with the Commissi…
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Interview warnings
Warnings at the beginning of the interviewBefore the interview begins, the interviewer is obliged to draw the attention of the interviewee to the following issues (for example, by reading out the statement he is required to sign at the end of the interview): – the legal basis of the intervi…
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Interviewee
IntervieweeThe interviewee can be a natural person or a legal person, which is duly represented by a natural person. Typical examples are a current or former member of staff of an undertaking (irrespective of their function in the undertaking), experts on specialised matters or a lawyer act…
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Interviewer
InterviewerInterviews should be carried out by at least two persons. At least one of the interviewers needs to be a representative of the Commission (official, national expert etc.). Participants who are not working for the Commission need to be authorised by the Commission to attend/conduc…
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Location
LocationNormally, interviews will take place at the premises of the Commission, but they can also be carried out elsewhere, e.g. in the office of a national competition authority or the premises of the undertaking concerned. In the latter case the Commission needs – as indicated above – to …
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Confidential information
Access to the file and protection of confidential informationWhen the Commission has to grant access to the file, it will also need to grant access to the recordings of any interviews carried out during the investigation and included in the file.More about Confidential informationI…