in a multi-task authority

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Presentation transcript:

in a multi-task authority Webinar Intelligence in a multi-task authority Stijn van den Broek, Head of Detection Unit, Competition Department

Outline Background and context Role of the intelligence unit Core values Structure and process Information-sharing (internally) Process/mode of operation Questions

Background and context Detection Unit encompasses: Tips Leniency Proactive detection (screening) Intelligence Unit History: Inspired by Criminal Intelligence Unit (police) Introduction by Dutch Competition Authority (NMa) Currently broader scope due to development of ACM as a multi-task authority Legitimacy ACM Policy Rule on Informants

Intelligence unit (IU) – role Authorised to obtain information about infringements from anonymous informants Information shared with other units within ACM cannot be traced to informant Product is an ‘intelligence report’, which does not serve as evidence (but as a pointer for further investigation)

Core values Lasting anonimity of informants All contact with intelligence officers is strictly voluntary Sharing as much information as possible with other units within ACM Intelligence reports are never used as direct evidence in cases Intelligence officers are appointed by ACM-board Security of intelligence officers

Structure and process Inner circle: intelligence officers 1st circle Responsible for process, anonymity of informants and all communication with other units 1st circle Intelligence analysts: responsible for enriching information, providing analysis and names and profiles of potential informants Intelligence advisors: responsible for the (legal) content and act as liaison with other units 2nd circle Other units within ACM, primarily detection

Access to information Inner circle: intelligence officers 1st circle Complete acces to all information and responsible for sharing information with others 1st circle Intelligence analysts: Complete acces to appointed cases Share information only within 1st circle Intelligence advisors Complete access to appointed cases 2nd circle Other units within ACM receive information only by an intelligence report

Process/mode of operation Both reactive and proactive Criteria for informants Revealing identity is risky for informant Knowledge of the infringement, however… …may not be a potential offender! Cooperation with… Case handlers Economists (screening for high risk sectors) Other agencies, such as police and public prosecutors Other Competition Authorities (?)