'CSI Antitrust'

"Modern cartelists are using increasingly sophisticated technology to elude detection; Forensic investigators are raising their game in response". This is how MLex magazine* portrays the latest trend on e-discovery and forensic evidence in cartel probes.

Miguel Mendes Pereira, VdA´s of counsel expert in Competition & EU law, recalls in the July/September issue that "it is tricky to interfere in communications in Portugal" since it is a "politically very sensitive issue". As regards world-wide investigations, he says the access to non-EU servers by the European Commission requires the communications provider to cooperate and in order for this to happen "you will need to present a very detailed account of what you want. However, it is unlikely that a competition authority will know precisely what they are looking for".

*MLex is an independent agency that provides legal and financial market intelligence.