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Guidelines

For inspection by Norwegian Competition Authority (NCA)

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What documents must the officials present?

Norwegian Competition Authority (NCA)
 

  • It is very important to welcome the inspectors on arrival and invite them to take a seat in a separate meeting room.
  • The NCA must have a decision form the district court to carry out the dawn raid, and the decision must be read or presented to you. You should ask the inspectors for a copy of the decision from the district court and send this to the legal department and external lawyer.
  • Read carefully the decision and check the following points:
    • Is your company really the subject of the investigation?
    • What are the allegations against your company and what is the alleged infringement period?
    • In what areas are the inspectors entitled to conduct searches?
    • Which inspectors are empowered to conduct the dawn raid?
    • What is the period during which the dawn raid can be held?

Where and how may the officials search?

Norwegian Competition Authority (NCA)
 

  • Upon the arrival of the officials, it is advisable to inform the legal department or an external lawyer so that they can be present during the investigation. However, the NCA is not obliged to wait for the lawyer to arrive.
  • The inspectors may conduct searches at premises, properties, means of transport and other storage places where evidence of infringement may be found, regardless of whether the aforementioned belongs to the suspected company.
  • During their mission, the inspectors can ask for the assistance of the police.
  • The officials are entitled to seize original documents if the original itself is believed to have a special probative value, when the probative value will be reduced by copying or when the document is believed to be a particularly central evidence for a violation. However, the company must be given a copy of the seized document. You are strongly advised to make your own copies and to give them to your lawyers, or at least to keep an inventory of the documents seized by the inspectors.

What may the officials search?

Norwegian Competition Authority (NCA)

Documents

  • The officials are entitled to examine and copy any company documents which relate to the subject and the purpose of the investigation as described in the decision from the district court.
  • The officials may seize original documents if the original itself is of especial value as evidence. In such instances the NCA shall provide the company with a copy, insofar this will not harm or risk the investigation.
  • The following documents may not be inspected, copied nor seized by the officials:
    • Documents which contain correspondence between the company and one of its internal or independent external lawyers.
    • The NCA may, if necessary, inspect the documents to examine whether they are exempt from being seized, provided this may be done without the NCA becoming familiar with the contents of the document.
  • Private documents, and other personal information, may be examined only to determine whether they have value as evidence.
  • If the company disagrees as to the legality of the seizure of certain documents, there are two possible courses of action:
    • if the documents have already been investigated and copied, the company may claim that the documents are protected and therefore may not be used by the NCA.
    • the legality of the seizure of the disputed documents shall be decided by the district court.

Computer and other objects

  • The officials may access all electronic documents which fall within the scope of the assignment, and which are not protected by legal privilege.
  • A company representative may be present when the NCA reviews the seized documents to exclude protected documents. If such protected documents are discovered, the documents must be made unavailable for the NCA.
  • The inspectors shall make copies of the selected data. The copy is handed over to the company.
  • If the NCA and the company disagrees as the legality of the seizure of certain electronic documents, the legality will be decided by the district court.

List of all evidence seized/affixing seals

  • At the end of the inspection, the NCA must, as far as possible, provide the company with a list of the seized documents. 
  • Insofar as it is necessary for the execution of their mission, the officials are entitled to seal premises and books or records.

Who may be questioned by the officials and how?

Norwegian Competition Authority (NCA)

The officials are entitled to request oral explanations from all employees.

  • It is criminal to provide false information.
  • Do not answer any question if the answer would incriminate yourself personally.
  • Answer only questions actually relating to the purpose of the inspection. Therefore, ensure the questioned employee has been previously informed in person of the purpose of the investigation.
  • The interviews will be recorded by the NCA, and a written summary will be made.
  • Read carefully the minutes of the questioning and record any reservations you may have in writing before signing it.
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