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Guidelines

For inspection by Croatian Competition Authority

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What documents must the officials present?

Croatian Competition Authority
 

  • The officials of the Croatian Competition Agency ("Agency") must present an official identity card (ID card) and a search warrant issued by a court. They may be accompanied by other authorised persons, such as the experts from the Ministry of Internal Affairs.
  • Read the search warrant very carefully and check:
    • Is your company the addressee? 
    • Which accusations are raised against your company (subject-matter of the inspection)?
    • Where may the officials search?
       

Where and how may the officials search?

Croatian Competition Authority
 

  • The officials are entitled to search all business premises, land plots and vehicles within the scope of the warrant. The search can extend to all business premises, documentation, IT systems or persons.
  • Please note that you are obliged to tolerate the inspection. Tolerating the inspection includes granting access to locked rooms, filing cabinets and password-protected computers, mobile phones, smartphones, USB-sticks, information stored in clouds etc. This however only applies to documents/devices which can be accessed in or from the searched premises. If you deny access or impede the search, the officials are entitled, together with the Ministry of Internal Affairs experts, to enter the premises/access the documentation against your will. Denying access or impeding the search can also lead to fines.
  • It is the practice of the Agency to allow the representative of your company (or another person designated by the representative) to be present during the inspection of business premises. However, you have to make the request already at the beginning of inspection, because the officials are not obliged to wait.
  • Ask the officials to wait until a competent person from the legal department or an external lawyer has arrived before they start the inspection (the officials are not obliged to follow such request).

What may the officials search?

Croatian Competition Authority

Documents

  • In general, the officials may examine, seize and/or make copies, as well as seal all business records and any other documentation related to business affairs regardless of the media the documentation is stored on (i.e. paper, computer, servers, telephones, etc.), even if they include business secrets.
  • Important: Always make copies of the inspected, copied or seized documents for the external lawyers! Make sure to have enough personnel available for making such copies.
  • The following documents will be excluded from the search: 
    • documents which are not related to the subject matter of the investigation (e.g. private documents), but the Agency may check whether documents are related to the subject matter or not;
    • letters, notifications and other types of communication, which are considered to have privileged information, with company’s proxies (e.g. external lawyers) who are obligated to keep the information in the mentioned documents as a professional secret.
  • Important: If you or your lawyer deny access to such documentation claiming it is privileged, the officials are still entitled to examine it. Therefore, if the officials want to inspect such privileged documentation, only show those parts of the documentation which prove their privileged character. If the privileged character of certain documents is contested, officials are obligated to place such documentation/copies of such documentation in special envelopes which will then be sealed and dated in front of you and/ or lawyer (if present).

IT

  • Grant access to computer files by providing passwords and allow the officials to make electronic copies of computer files. Not providing passwords can lead to fines. The officials may take away computers and laptops if the files cannot be examined on site. Ask that computer files are not copied electronically but that the individual files are printed out.
    Important: Always make an extra electronic copy of all computer data which the officials inspect, copy or seize. Require the officials to make a sound forensic copy of all computer data which they copy.
  • If appropriate, inform the officials that privileged information (see above Documents point (2) (b)) is accessible on the computer (or the respective storage medium) and that such data may not be copied. In this case, request that the officials check each file rather than copying the entire data (e.g. respective storage medium or an e-mail account). If the officials refuse this, ask that the entire data is copied to a separate storage medium and placed in special envelopes, as set out above under Documents point (2)(b).
     

Objects which suggest committing a criminal offence

  • If, during the search, objects are found which suggest committing a criminal offence prosecuted ex officio, the Ministry of Internal Affairs experts will describe such objects in a separate report, temporarily seize them and inform the State Attorney without delay. After seizing the mentioned objects, the experts will issue a confirmation stating that the objects were seized. 

Report on the search and a certificate of seized objects

  • After concluding the search, the latest within 15 days after concluding the search, the officials are obligated to make a report on the search. Such a report will be delivered to you and you are entitled to submit your written objections on the report within 15 days after you received such a report.
  • In case certain objects were seized during the search, officials are obligated to issue a certificate stating that objects were seized and give such a certificate to you.
     

Who may be interviewed by the officials and how?

Croatian Competition Authority

The officials are entitled to interview all employees and your legal representative.

  • Your legal representative and employees must cooperate with officials during the search. 
  • Your legal representative and employees may be asked to give an oral statement on the facts or documents related to the purpose and subject of the search. In addition, the mentioned persons may be asked to deliver a written statement on the facts or documents related to the purpose and subject of the search.
  • Ask to be questioned only in the presence of an external lawyer.
  • Request that the questions be asked only in a formal interview. Make sure that all questions and answers are recorded during the interview. All relevant questions and answers should be recorded in the protocol kept by an official and signed by an official and person interviewed. Such a protocol will be provided to you and you are entitled to submit your written objections on the protocol within 15 days after you received such a protocol. If not provided, request a copy of the protocol made by the officials.
     

  • Answer only factual questions about the documents searched. 
  • If you do not understand the official’s question, kindly ask him/her to paraphrase it.
  • Answer only questions which are actually related to the inspection. Answer only the questions which have been raised. Give short and precise answers. If you do not know an answer, say so. If you are unsure of and unclear about some aspect, consult your outside antitrust counsel first. Do not make any assumptions.
  • The officials cannot require you to provide answers or statements that might involve an admission on your part of the existence of the infringement. So, you should refuse to answer questions where you would expressly have to admit a breach of the law. However, you are obligated to provide answers, information and documentation on all factual questions, even if they indicate the infringement.
     
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