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Guidelines

For inspection by Serbian Competition Authorities

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What documents must the officials present?

Serbian Competition Authorities
 

  • In order to search a company the officials of the Serbian Commission for Protection of Competition (“CPC”) are required to present the CPC’s conclusion on initiation of proceedings against a particular company, the CPC’s conclusion on carrying out the inspection in the particular company issued by the CPC’s President, and their official business IDs. If a search of apartments and similar premises is ordered (not business premises belonging to the company), the CPC’s officials must present a search warrant issued by the Administrative Court. 
  • Read the CPC’s conclusion on initiation of proceedings and the conclusion on carrying out of the inspection, i.e. search warrant issued by the court, very carefully and check: 
    • Is our company the addressee?  
    • What accusations are being raised against our company (subject matter of the investigation)? 
    • Where may the officials search? 
  • If any of the documents mentioned under (1) is not presented, you are allowed to object to the inspection. 

Where and how may the officials search?

Serbian Competition Authorities
 

  • The officials are entitled, within the scope of the relevant search document (1(1)), to enter and search (i) business premises, vehicles, land and other property in the seat of the company and in other places where the company performs its business activity, and (ii) private apartments and similar premises. 
  • Please note that the CPC’s officials are allowed to perform the inspection with the support of the police and to use force if you unlawfully try to hinder the conduct of the inspection. Therefore, cooperation is recommended. However, you are not obliged to actively assist the inspection. 
  • The officials are obliged to allow the representative of your company to be present during the inspection of business premises. In case of inspection of private apartments, the officials are obliged to allow the owner/possessor of apartment or his attorney to be present during inspection. However, in both cases you have to make the request already at the beginning of the inspection as 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 comply with such request). 
     

What may the officials search?

Serbian Competition Authorities

Most important

  • Never voluntarily surrender any objects or documents. Never destroy or hide any objects or documents. If something is seized, ask for formal evidence on seizure: (i) conclusion on seizure addressing particular documents and objects that are being seized, issued by the official and (ii) appropriate remark in the protocol on inspection, drafted by the official during the inspection. 

Documents

  • The CPC’s 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 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. 
  • The treatment of certain types of documents is different: 
    • private documents can only be inspected but they cannot be scanned, copied, sealed or seized, 
    • business documents can be inspected, scanned, copied, sealed and seized, 
    • letters, notices and other correspondence between you and your attorneys may not be subject to the inspection procedure (privileged documents/files). 

Computers and other objects

  • 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. 
  • If appropriate, inform the officials that privileged files are saved on the computer (or the respective storage medium) which may not be inspected since they are protected (see above). In this case request that the officials check each file rather than copying the entire hard disk. 

Protocol / Seals

  • During the inspection the official has to draft an inspection protocol which is signed at the end of the inspection by all persons attending it and is authenticated by the official in charge. After the inspection is over, but before you sign the protocol, ask for a copy, read it carefully and object to the content if need be.  
  • The officials are entitled to seal all business premises, rooms and business documents (e.g. if the inspection lasts for several days). Do not break this seal.  

Who may be questioned by the officials and how?

Serbian Competition Authorities
 

The officials are entitled to examine and take oral and written statements from the representatives of the company and all employees. 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. When questioned, in principle refer to the management. 

  • 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 in the protocol kept by the official and signed by the official and the person interviewed. Make sure that all questions and answers are recorded during the interview. Request a copy of the protocol made by the official. Sign the protocol only if it contains correct and complete records. 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. 
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