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Guidelines

For inspection by Hungarian Competition Office

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What documents must the officials present?

Hungarian Competition Office
 

  • The acting investigators must present the Hungarian Competition Office’s order initiating the procedure and a prior court order authorising the inspection; based on the latter, the investigative measure must be carried out within 3 months from the date of issue. A decision on the written request from the Hungarian Competition Office submitted for court order is taken by the Budapest-Capital Regional Court.
  • When the acting investigators present the Hungarian Competition Office’s order initiating the procedure and a prior court order authorising the inspection, please make sure that they state:
    • which company/person and what period is affected by the investigation?
    • what the subject matter/scope of the investigation is?
    • where may the investigators search?

Where and how may the officials search?

Hungarian Competition Office
 

  • When the investigators arrive, please immediately indicate that you wish to consult your legal counsel or the internal legal department; however, the investigators may proceed before the legal counsel arrives. Do not hesitate to ask questions or seek clarification concerning the investigation until the legal counsel arrives.
  • During the investigation, the investigator has the right to search any premises, vehicles or data storage media.  to enter such premises under probable cause under his own authority, without the consent of the owner (tenant) or any other person on the premises and to open any sealed area or building for this purpose. In practice, the investigation takes place during working hours from 8 a.m. to 8 p.m.
  • In the course of the investigation, the investigators have the power to demand written or oral information from the client, the client's representative (former representative) or employee (former employee) and may gather information in any other way.
  • The investigators may also search private premises (including vehicles) if there is reason to believe that evidence indicating a competition law infringement may be found there, provided that it is covered by the court authorisation.
  • Please note that if you impede the investigation, the Hungarian Competition Office may request police assistance and a procedural fine may be imposed.
  • Please note that the investigators may not seize the original documents; they are only entitled to make copies.
    Important: please make a copy of each document, whether in hard or electronic format, for the external legal counsel; or, at least make a note as to which documents have been copied by the investigators.
  • If possible, make sure that all investigators are accompanied by an employee, and never leave the investigators unsupervised.

What may the officials search?

Hungarian Competition Office

Documents

  • The investigators may review documents, have access to e-mail correspondence, calendars and notes and make copies thereof. They may also seal any premises (e.g. the office), documents and other evidence.
  • Important: the investigators are only entitled to investigate within the scope of the investigation indicated in the order initiating the procedure.
    The investigators generally search the following:
    • Contracts;
    • E-mail correspondence, electronic files;
    • Diaries, calendars (both hard and electronic format);
    • Notes on meetings;
    • Files of competitors;
    • Files of individual buyers / products;
    • Communication on prices with competitors, with other companies, within the company;
    • Travel reports;
    • Handwritten notes, notebooks.
  • Access to the documents cannot be refused, not even by invoking business secrets or the protection of personal data. However, correspondence, documents, and files which are subject to client-attorney privilege cannot be investigated. With effect from 1 January 2018 the correspondence with the in-house counsels registered at the bar also enjoys legal professional privilege. Please note: the communication and correspondence with in-house attorneys or counsels not registered at the bar are not subject to client-attorney privilege.
  • If the investigators in charge wish to investigate or make a copy of documents which are subject to client-attorney privilege referred to above, the client or the representing attorney has the right to refuse; however, the investigators shall be entitled to inspect the document to ascertain whether client can rely upon the protection described above. In case of disagreement, the document shall be deposited in a sealed envelope or data storage medium until the court decides whether the document concerned is subject to privilege.

Electronic documents

  • The investigators shall be entitled to access computer systems, e-mail correspondence, electronic files (including files stored in cloud-based services) and mobile phones (e.g. SMS, chat apps) and make a forensic copy. Password-protected files must always be made accessible. Please note: whenever the acting investigators make a copy of an item, including documents, files, etc., you should also make a copy.
  • For information on forensic copies of the data and files on a data-storage medium subject to client-attorney privilege, please see paragraph (4) of "Documents" on hard copies.

Random finds

  • In the course of carrying out the investigative measure, the investigator is authorised to make copies of or seize any evidence suggesting any illegal conduct in violation of the relevant rules under the competition laws of Hungary and the European Union even if such evidence is not related to the subject matter of the investigation and not covered by the court order. In such a case, the court order must be obtained subsequently. In the absence of a subsequent court order the means of evidence shall be inadmissible.

List of all evidence seized/affixing seals

  • Once the on-site investigation is terminated, you should insist that the investigators make a precise list of all evidence seized. 
  • If the investigation lasts several days, the investigators may seal any premises, documents and other evidence. Breaking a seal may be sanctioned by a procedural fine and may also constitute a criminal offence: do not break this seal, and make sure that no-one does.

Who may be questioned by the officials and how?

Hungarian Competition Office
 

In the course of the investigation, the investigators are authorized to interview the client, the client's representative (former representative) or employee (former employee).

  • Ask that you only be questioned in the presence of the external legal counsel.
  • Minutes are prepared during the interview; make sure that one copy remains in your / the company’s possession. The minutes prepared must be signed after careful reading and consultation with the attorney-at-law. The minutes shall be only signed if they are complete and accurate. If you have any reservations, comments, do ask for them to be recorded in the minutes.
  • Do not answer any question if the answer would incriminate your company or yourself personally.
  • Answer only questions actually relating to the subject of the procedure / investigation. Accordingly, the employee interviewed must always be fully informed on the subject matter of the investigation! Answer only the questions asked! Give short and precise answers! Tell the investigators if you do not know the answer to a question. Do not make any assumptions, do not offer an opinion!

  • 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.
  • Ask the officials if they can rule out further action being taken against you personally by a national authority. Write down the answer. If necessary, ask for further explanation. If the inspectors do not provide such confirmation, request to contact an external lawyer before you answer.
  • Do not answer any question if the answer would incriminate our company, i.e., that would mean admitting the existence of an infringement of EU competition law.
  • Answer only questions actually relating to 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.
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