S.L. 379.11 Art. 5Co-operation with national competition authorities.

(1) When acting as an applicant authority, the Office may request a national competition authority of another Member State to carry out an inspection or interview on its behalf pursuant to Article 22 of Regulation (EC) No 1/2003, and the Director General may appoint officials and other accompanying persons to attend and actively assist the requested authority in the inspection or interview.

(2) When acting as a requested authority, the Office may, at the request of a national competition authority of another Member State, exercise the powers referred to in article 12 of the Act on behalf of, and for the account of, that national competition authority in order to establish whether there has been a failure by undertakings or associations of undertakings to comply with the investigative measures and decisions adopted by the applicant authority in the exercise of its powers under its respective national laws transposing Articles 6 and 8 to 12 of the Directive.

(3) When acting as an applicant authority, the Office may request a national competition authority of another Member State, to use its powers under its national law on behalf of, and for the account of the Office, in order to establish whether there has been a failure by undertakings or associations of undertakings, to comply with its investigative measures and decisions adopted by the Office or the Court as referred to in articles 12, 12C, 13, 13A, 15 and 17 of the Act.

(4) Where the Office, acting as the requested authority, carries out an inspection or interview on behalf of, and for the account of, other national competition authorities pursuant to Article 22 of Regulation (EC) No 1/2003, officials and other accompanying persons authorised or appointed by the applicant authority shall be permitted to attend and actively assist the Office, under the supervision of the officials of the Office, in the inspection or interview when the Office exercises the powers referred to in article 12 of the Act.

(5) Where the Office, acts as an applicant authority or as a requested authority pursuant to sub-regulations (2) and (3), it shall have the power to exchange information with the national competition authority of any other Member State and to use such information in evidence for the purposes referred to in sub-regulations (2) and (3), subject to the safeguards set out in Article 12 of Regulation (EC) No 1/ 2003.