{"id":454,"date":"2014-10-08T18:49:37","date_gmt":"2014-10-08T18:49:37","guid":{"rendered":"http:\/\/competition.lawlegal.eu?p=454"},"modified":"2014-10-08T18:49:37","modified_gmt":"2014-10-08T18:49:37","slug":"use-of-the-received-information","status":"publish","type":"post","link":"https:\/\/competition.lawlegal.eu\/2014\/10\/08\/use-of-the-received-information\/","title":{"rendered":"Use of the received information"},"content":{"rendered":"<h1>Use of the received information<\/h1>\n<h2>Use of the received information<\/h2>\n<p>Information received from other Network members in accordance with Article 12 can be used in evidence by the Commission like any other information in the Commission&#039;s possession, with the following exceptions, limitations and procedural rules.<\/p>\n<h3>More about Use of the received information<\/h3>\n<p>Article 12 requires that the use should take place in respect of the subject-matter for which it was collected by the transmitting authority.<\/p>\n<h3>More about the Subject<\/h3>\n<p>According to the Court of Justice it is not necessary &#8220;to delimit precisely the relevant market, to set out the exact legal nature of the presumed infringement and to indicate the period during which those infringements were committed&#8221; in order to determine the subject matter of a case <a name=\"t1\" href=\"#f1\" target=\"_self\" rel=\"noopener\">1<\/a> .<\/p>\n<h3>Other Considerations<\/h3>\n<p>Another limitation results from the specific rules relating to leniency applications. If the other Network member had obtained the information from a leniency applicant, the Commission cannot use it to start an investigation (see further Module on Leniency).<\/p>\n<h3>More<\/h3>\n<p>Information received from an NCA is covered by professional secrecy (Article 28 Reg. 1\/2003).<\/p>\n<h2>Resources<\/h2>\n<h3>See Also<\/h3>\n<h3>References<\/h3>\n<ul>\n<li>Information about Use of the received information in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)<\/li>\n<\/ul>\n<h3>Notes<\/h3>\n<p><a name=\"f1\" href=\"#t1\"><br \/>[Note 1]<\/a> Judgment of the ECJ of 17 October 1989, Dow Benelux NV, Case 85\/87, ECR [1989] p. 3137, paragraph 10.<\/p>\n<h3>Further Reading<\/h3>\n<ul>\n<li>Information about Use of the received information in &#8220;An Introduction to EU Competition Law&#8221;, Moritz Lorenz (Cambridge University Press)<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<h2>Use of the received information<\/h2>\n<p>Information received from other Network members in accordance with Article 12 can be used in evidence by the Commission like any other information in the Commission&#039;s possession, with the following exceptions, limitations and procedural rules.<\/p>\n<h3>More abou&#8230;<\/p>\n","protected":false},"author":2389,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[188],"tags":[83,84,189],"_links":{"self":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts\/454"}],"collection":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/users\/2389"}],"replies":[{"embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/comments?post=454"}],"version-history":[{"count":0,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts\/454\/revisions"}],"wp:attachment":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/media?parent=454"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/categories?post=454"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/tags?post=454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}