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Guidelines

For inspection by Slovenian Competition Protection Agency

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What documents must the officials present?

Slovenian Competition Protection Agency
 

  • In order to search  a company or personal premises of the management or other employees the officials are required to obtain an order for the inspection issued by the District Court in Ljubljana. The order for the inspection must be served personally at the beginning of the inspection.
  • Read the order very carefully and check:
    • Is our company the addressee?
    • What accusations are being raised against our company (subject matter of the inspection)?
    • What address and which premises may the officials search?
  • Ask the officials to present their official identity cards/written authorization from the Competition Protection Agency director.

Where and how may the officials search?

Slovenian Competition Protection Agency
 

  • Ask the officials to wait until a competent person of the legal department or an external lawyer arrives before they start the inspection (the officials are not obliged to follow such request). Never leave the officials unattended. During the inspection, every official should be accompanied by one employee for control purposes.
  • The officials are entitled to (i) enter and inspect all premises, land and means of transport of the company or personal premises of the management or other employees; (ii) inspect business books and other documentation related to the company's operations, regardless of the type of medium on which it is written or stored, and have the right to access any information accessible to the companycompany that is the subject of the inspection; (iii) take away or obtain, regardless of the form, copies, forensic copies or extracts from business books and other documentation in any form using photocopiers and computer equipment of the company or the Agency. If officials consider it appropriate, they will continue such search for information and select copies or extracts from the premises of the Agency or any other premises designated for this purpose. They must make an official note about it; (iv) seal all business premises and seal and confiscate business books and other documentation for the duration and to the extent necessary for its implementation, but in total for a maximum of 20 working days; (v) request an oral or written explanation of facts or documents relating to the subject or purpose of the inspection from any representative or person employed by the company, and draw up an official record of this. If the officials request a written explanation, they set a deadline within which it must be submitted; (vi) examine documents that can be used to determine the identity of persons; (vii) perform other actions that are in accordance with the purpose of the inspection.
  • Please note that you are only obliged to passively tolerate the inspection. You are therefore not required to actively assist the inspection. The inspection may be performed with the support of the police.

What may the officials search?

Slovenian Competition Protection Agency

Never voluntarily surrender any objects or documents. Never destroy or hide any objects or documents. Always insist on a formal seizure. However, do not resist formal seizure. Ask for formal evidence of seizure (e.g. seizure to be mentioned in minutes).

Documents

  • Within the scope of the inspection the officials are entitled to inspect and copy all documents even if they include business secrets. Important: always make one copy of such document for the external lawyers!
  • The following documents may not be inspected or copied by the officials:
    • Correspondence between the company and an external lawyer, to the extent such communications pertain to the inspection proceeding;
    • Private documents in so far as they are of no significance as evidence;
    • Documents which are not related to the subject matter of the inspection.
  • 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 by the Administrative Court.
  • If the inspection of business books and other documentation is not carried out during the search of the company's premises and the Agency has seized or obtained copies, forensic copies or extracts from the business books and other documentation or has confiscated them, the Agency must ask the company to, within a period that cannot be shorter than seven days, lists the privileged documents, or invites the company to be present at the inspection of business books and other documentation, where it may state its objections.

Computers

  • In general, the officials are also entitled to seize computers and other objects. Moreover, they may make electronic copies of computer files. However, request that computers are left at the company. Grant access to computer files by providing passwords. Important: always make an 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) and that these may not be copied since they are protected. In this case request that the officials check each file rather than copying the entire hard disk. Otherwise, ask to seal the files until the Administrative Court has decided on the privileged character.
  • If the inspection of computer files is not carried out during the search of the company's premises and the Agency has seized or obtained forensic copies or has confiscated them, the Agency must ask the company to, within a period that cannot be shorter than seven days, lists the privileged computer files, or invites the company to be present at the inspection of the computer files, where it may state its objections.

Protocol / Seals

  • After an inspection has been completed the Agency must draw up a report on the inspection.
  • The officials are entitled to affix seals inter alia to premises, rooms, cupboards and documents, but in total for a maximum of 20 working days. Do not break this seal. Breaking a seal is a criminal offence.

Who may be questioned by the officials and how?

Slovenian Competition Protection Agency
 

The officials are entitled to request explanations from all employees. In case of potential self-incrimination, make use of your right to remain silent. Questions regarding personal identification (name, position, etc.) must be answered.

  • Ask to be questioned only in the presence of an external lawyer.
  • Make sure that all questions and answers are recorded during the interview. Sign the records only if they are correct and complete. Never sign any other document before having consulted the external lawyer. Ask for a copy of the records.

  • Stay calm and keep to the facts. Do not behave aggressively.
  • Answer only questions which 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.
  • In case of a formal questioning, you have the right to remain silent if you would otherwise incriminate yourself, close relatives or your company.
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