National Panasonic (U.K.) Ltd. v. Commission of the European Communities: The Common Market\u27s First Look at Warrantless Searches in Antitrust Investigations

Abstract

In Antitrust Investigations National Panasonic (UK) Ltd v. Commission of the European Communities\u27 is the first decision of the European Court of Justice delineating the powers of the European Commission to conduct evidentiary searches on the premises of firms suspected of violating the European Economic Community\u27s antitrust laws. The Court held that the Commission may conduct on-the-spot searches of firms without prior notification. The Court\u27s decision greatly expands the investigatory powers of the Commission at the expense of significant privacy and due process rights for firms operating within the European Community. This note will examine the extent to which the Court\u27s decision departs from both the language and intent of the Community\u27s statutory grant of investigatory powers to the Commission, and will explore safeguards that the Community\u27s legislative authorities should introduce to protect a firm\u27s rights while affording the Commission maximum discretionary power