The ruling of the Administrative Case Department of the Supreme Court Senate (Senate) in the construction cartel case has raised important issues regarding cooperation between law enforcement agencies, the transfer of legally obtained evidence for the disclosure of cartel agreements, and the effective application of competition law. The Competition Council (CC), respecting the Senate's ruling, emphasizes that the Senate did not assess the existence of a prohibited cartel agreement in its…
The ruling of the Administrative Case Department of the Supreme Court Senate (Senate) in the construction cartel case has raised important issues regarding cooperation between law enforcement agencies, the transfer of legally obtained evidence for the disclosure of cartel agreements, and the effective application of competition law. The Competition Council (CC), respecting the Senate's ruling, emphasizes that the Senate did not assess the existence of a prohibited cartel agreement in its judgment[1] and did not analyse that, without the recordings of negotiations obtained legally in criminal proceedings, such a long-term, secret and verbally implemented violation. The judgment does not question that this evidence was obtained legally and…