Guidelines
For inspection by Macedonian Competition Authorities
What documents must the officials present?
Macedonian Competition Authorities
- In order to search a company, the officials of the Macedonian Commission for Protection of Competition (“CPC”) are required to present the CPC’s conclusion on carrying out the inspection in the particular company.
- Read the CPC’s conclusion on carrying out of the inspection and check very carefully:
- Is our company the addressee?
- What are the descriptions of the facts and circumstances serving as grounds for issuance of the CPC’s conclusion?
- What kind of information are officials entitled to request/search?
- If the document mentioned under (1) is not presented, you are allowed to object to the inspection.
Where and how may the officials search?
Macedonian Competition Authorities
- The officials are entitled, within the scope of the relevant search to enter and search all business premises, vehicles and land relevant for the inspection.
- You are only obliged to tolerate the inspection passively. You are therefore not obliged to assist the inspection actively. However, if you refuse the inspection, the officials may use direct assistance from the state authority responsible for maintaining public order and peace. In case of a danger of concealing, altering or destroying facts or documents that could be relevant or any other act that disables the CPC’s officials in conducting these activities, the CPC’s officials are allowed to perform the inspection with the support of the police. Therefore, cooperation is recommended.
- Please note that the CPC is able to impose a fine in the amount of up to 1% of the annual income in the last business years in case of:
- acting contrary to the CPC’s conclusion;
- submitting false or incomplete data that could mislead the CPC;
- disabling the access of the CPC’s officials to the business premises, land and vehicles;
- disabling the research of the books and other documentation;
- disabling the seizure of objects, books or documents;
- disabling the sealing or unsealing of documents;
- refusing to give the explanation about relevant facts or circumstances;
- other activities that disable the procedure.
- 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 comply with such request).
What may the officials search?
Macedonian Competition Authorities
- Never voluntarily surrender any objects or documents. Never destroy or conceal any objects or documents. If something is seized, ask for formal evidence on seizure i.e. a written confirmation that contains the description of the seized objects, books or other documentation and remark about the place where they have been found.
- The officials are also entitled to seize data or documentation that contain business or official secrets (“classified data”). In such case you should request a review of the seized data or documentation and should mark the classified data and provide legal grounds for marking the data classified. If you do not act in this manner, such data will be considered unclassified.
- The officials are obliged to take minutes during the inspection.
- The official may (i) inspect the business and other documentation irrespective of the manner in which this documentation is protected, (ii) scan and make copies of business documentation, (iii) seal the business documentation during the inspection and (iv) seize business documentation and other objects found during the inspection and keep it until the end of the proceeding.
- Since the officials are particularly allowed to seize documents in original form if they are not able to make copies or scans, make sure that you provide them with the scan/copy machines upfront. If the documents are however seized, make copies of every seized document.
- Grant access to computer files by providing passwords and allow the officials to make electronic copies of computer files. The officials are also entitled to seize computers and other objects. Make sure that you always make an extra electronic copy of all computer files which the officials take away.
- Before signing the minutes prepared during the inspection by the officials, ask for a copy, read it carefully and object to the content if needed.
- The officials are entitled to seal all business premises, rooms and business documents not longer than seven days. Do not break this seal.
Who may be questioned by the officials and how?
Macedonian Competition Authorities
The officials are entitled to examine and take oral and written statements from the representatives of the company and all employees in order to clarify any relevant facts or documents. If the written statement is required, the official is obliged to set a date by which the statement has to be provided. The representatives of the company have an obligation to provide information.
- Ask to be questioned only in the presence of an external lawyer.
- Request that the questions be asked only in a formal interview. All relevant questions and answers should be recorded or minutes should be taken during the interview. Make sure that all questions and answers are noted in the minutes during the interview. Request a copy of the minutes and sign it only if it contains correct and complete data. Never sign any other document before having consulted the external lawyer.
- The officials may request any information requisite for conducting the investigation.
- Answer only the questions that are actually related to the purpose of the inspection. Answer only the questions asked. Give short and precise answers. Tell the officials if you do not know the answer to a question. Do not make any assumptions.