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

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

3. 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

4. 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)

5. 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

6. 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

7. 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

8. 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 (?)