Cracks in the Finish: Affirming Fundamental Rights in the Cement Cartel Case

By Kyle Le Croy – 

This paper summarizes the recent judgment of Court of Justice of the European Union in the Cement Cartel case. The Court affirmed that certain fundamental protections that apply in the context of Commission dawn raids also apply in the context of Commission requests for information. The author suggests that the judgment is an important marker for companies subject to overly broad Commission requests for information but that it fails to address several important points of law, some of which might to be addressed in the future decisional practice
of the Commission.

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