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Guidelines

For inspection by Antimonopoly Office of the Slovak Republic

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What documents must the officials present?

Antimonopoly Office of the Slovak Republic
 

  • In order to search a company the officials must present a written authorisation of inspection signed by the vice-chairman of AMO in case of the inspection in the first-instance proceeding or chairperson of AMO in case of the inspection in the second-instance proceeding. A certified copy is to be handed over to the company.
  • If the officials search in private homes or private cars a search warrant issued by a court is required.
  • Read the documents very carefully and check:
    • Is our company the addressee?
      What accusations are being raised against our company (subject matter of the investigations)?
    • Where may the officials search?

Where and how may the officials search?

Antimonopoly Office of the Slovak Republic
 

  • The officials are entitled to search all rooms, cars and other premises as set out in the documents presented. You may not deny the officials access to any such premises.
  • The officials may use force to get an access to the property or document and/or may request assistance of the police, e. g. they may break into locked rooms or cupboards. However, first of all they must request that locked rooms, cupboards or similar be opened voluntarily. If an official asks you to open a cupboard or similar, do so, but first ask what he/she is looking for and give this to him/her yourself.
  • The officials are also entitled to ask questions (see "Who may be questioned by the officials and how?").
     

What may the officials search?

Antimonopoly Office of the Slovak Republic

Documents

  • In general, the officials are entitled to inspect and to copy all documents as set out in the documents presented, even if they include business secrets. Moreover they may seize originals but you should always request them to make copies instead.
    Important: always make one copy of such document for the external lawyers.
  • The following documents may not be inspected or copied by the officials:
    • Private documents in so far as those are of no significance as evidence;
    • Documents which are not related to the subject matter of the investigation;
    • Correspondence between the company and an external lawyer who is admitted in a EU Member State, Norway, Iceland, Liechtenstein or Switzerland (i. e. correspondence with US attorneys is not covered);
    • Internal company documents only reflecting and/or containing legal advice given by external lawyers as described above, or being drawn up exclusively for the purpose of obtaining external legal advice.
  • If the officials want to inspect such privileged documents, only show those parts of these documents which prove their privileged character. If the privileged character of certain documents is contested, request that these documents be placed in sealed envelopes or boxes until a final decision as to the privileged character has been made.

Computers and other objects

  • Upon request you must give the officials access to computers or other storage media (laptops, desktops, tablets, mobile phones, CD-ROM, DVD, USB-key, cloud services, etc.), if necessary by providing the passwords or by carrying out further tasks demanded by the officials. The officials may make use of their own forensic IT software and/or hardware. Moreover the officials may seize computers (although it is more typical to copy entire storage medium) or other objects for further detailed search at the AMO´s premises. However, you should always ask that computer files are printed out on the spot rather than copied electronically or computers seized.
    Important: always make one additional copy of such document for the external lawyers.
  • If appropriate, inform the officials that privileged documents are saved on the respective storage medium. In this case request that the officials check each file rather than copying the entire hard disk or seize computer.
  • If the selection of the relevant documents for the investigation is not finished during the inspection on the company's premises, the officials will take them with them in a sealed envelope. Request a duplicate.

Protocol / Seals

  • The officials are entitled to seal premises, rooms, cupboards and documents, etc. for example if an inspection lasts several days. Do not break the seal under any circumstances. Breaking a seal is a breach of competition law and the company may be fined up to 5% of its respective turnover in the preceding year. A certain fine will be imposed also to an individual for infringements of his/her obligations within the inspection of private premises/cars.

Who may be questioned by the officials and how?

Antimonopoly Office of the Slovak Republic
 

The officials are entitled to request explanations from all employees relating to the purpose as set out in the documents presented. The employee cannot be held personally liable under Slovak competition law (liability under criminal law and/or employment law is not excluded) but may incriminate the company.

  • Ask to be questioned only in the presence of an external lawyer.
  • 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 a lawyer. Sign the records only if they are correct and complete. If you do not agree with certain records always make a note of your objections and/or comments.
  • Explain to the officials that only the management is entitled to give statements on behalf of the company.

  • 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.
  • 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/Slovak 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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