The above considerations demonstrate, however, the importance of the questions regarding the nature and the scope of admissible cartel evidence, especially in regard to the issues of due process in general and of the obligation to safeguard the rights of the defense against the prosecution in particular. Obviously, the fundamental principle governing these issues is commonly known and universally accepted: no one can be prosecuted or condemned without concrete evidence of the infringement of which the defendant is accused. The legal and procedural requirements concerning cartel evidence are therefore closely related to the powers of investigation entrusted to the EC Commission to enable the Commission to perform its supervisory tasks in antitrust cases. The protection of individual rights of persons and firms involved in anti-cartel procedures as well as the respect of the rights of the defense form part of the community legal order and are safeguarded by the CFI and the Court of Justice.
Maurice Guerrin and Georgios Kyriazis,
Cartels: Proof and Procedural Issues,
16 Fordham Int'l L.J. 266
Available at: http://ir.lawnet.fordham.edu/ilj/vol16/iss2/2