Guidelines
For inspection by Czech Competition Authority
What documents must the officials present?
Czech Competition Authority
- In order to search the business premises of the company the officials must present a written authorization of inspection of the Czech Competition Office. Business premises include not only the center of business operations, but also land owned by a company and vehicles used for business activities.
For the investigation of premises other than business premises (i.e. flats) the officials must present a judicial warrant. - If the officials present a written authorization of inspection, check very carefully:
- Is our company the addressee?
- Which accusations are raised against our company (subject-matter of the inspection)?
- What is the date of commencement of the inspection?
Where and how may the officials search?
Czech Competition Authority
- Not only are you obliged to tolerate the inspection, but also to cooperate with the officials and assist them.
- The officials are entitled to search all the land owned by the company and all the premises, including all the buildings, rooms and vehicles used for business activities. You may not deny the officials access to any such premises and/or land. If you do so, the officials are empowered to request assistance of the Police.
- The officials are also entitled to request information (see below at 4.).
- The officials are entitled to seal the premises (see below at 3.)
What may the officials search?
Czech Competition Authority
- First of all, the officials shall verify whether certain documents and records are business-related or not. If the documents and records are business-related, they can look into such documents and records and gain copies and abstracts of such documents and records in any form.
- The following documents may not be copied or inspected by the officials:
- Documents and records which are not related to the company´s business
- Correspondence in the company with an advocate
- Documents which the company or the accused employee clearly prepared for the advocate
- The above-mentioned documents are privileged and may not be copied or inspected. If officials insist on their copying or inspection, demand the documents to be sealed in an envelope until the dispute is cleared.
- The officials may make electronic copies of computer files. Grant access to computer files by providing passwords. Beware: always make an electronic copy of all computer files which the officials copy.
- If any files or emails are subject to the legal privilege, let the officials know and protest against their inspection / copy and keep them in a separate storage place until the dispute is cleared. Draw up a record regarding such a procedure.
- The officials may also copy or obtain "random finds". These are objects not relating to the subject matter of the current investigation. The officials are not allowed to search systematically for random finds.
- After the conclusion of the inspection, you should insist that the officials make a precise list of all evidence obtained. If nothing suspicious is found during the inspection, ask for written confirmation thereof.
- The officials are entitled to affix seals inter alia to premises, rooms, cupboards and documents, e.g. if an inspection lasts several days. Do not break this seal. Breaking a seal is an administrative offence.
Who may be interviewed by the officials and how?
Czech Competition Authority
The officials are entitled to request explanations from all employees. Each interviewee must bear in mind that he/she might be held personally liable under the Czech law.
The officials may only ask questions related to the subject-matter of the investigation. The undertaking is required to provide complete and truthful information. However, do not volunteer any information.
- Ask that you only be questioned in the presence of an advocate.
- Request that questions be asked only in a formal interview which ensures that questions and answers are recorded. Request a copy of all records made by the officials. Never sign any document before having consulted an advocate. Sign the records only if they are correct and complete.
- Stay calm and keep to the facts. Do not behave aggressively.
- Ask whether you have the right to remain silent. Write down the answer. If necessary, ask for further explanation. If and to the extent you have a right to remain silent, no answers should be given before an external lawyer has been consulted.
- Questions about personal details (incl. profession) must be answered.
- Do not answer any question if the answer would incriminate your company, i.e., that would mean admitting the existence of an infringement of competition law.
- Answer only questions actually relating to the purpose of the inspection. Answer only the questions asked. Give short and precise answers. Stick to facts and do not comment from a legal point of view. Tell the officials if you do not know the answer to a question. Do not make any assumptions.