Judgment_paragraph 238 · Archer Daniels Midland Co. v Commission of the European Communities (T-59/02)

238Such statements are considered inherently unreliable in United States courts. ADM adds that in Case C-60/92 Otto [1993] ECR I-5683, paragraph 20, the Court observed that information obtained in the course of national proceedings not covered by the Community privilege against self-incrimination may indeed be brought to the attention of the Commission, in particular by an interested party. However, the Court went on to say that it followed from the judgment in Case 374/87 Orkem v Commission [1989] ECR 3283 that the Commission — or for that matter a national authority — cannot use that information to establish an infringement of the competition rules in proceedings which may result in the imposition of penalties, or as evidence justifying the initiation of an investigation prior to such proceedings.