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Guidelines

For inspection by the Swedish Competition Authorities

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What documents must the officials present?

Swedish Competition Authorities
 

  • The officials must provide a copy of a decision issued by the Patent- and Market Court authorising them to carry out an inspection. You should therefore ask the officials for a copy of the decision and immediately send it to your legal department and external lawyers.
  • Read the decision from the Patent- and Market Court and carefully check:
    • Is our company the addressee? 
    • What is the purpose of the inspection? 
    • What time can the inspection begin?
    • Is there a list of inspection powers?
  • Always ask the authority to wait for your legal counsel. However, do not attempt to stop the officials as this may result in fines.

Where and how may the officials search?

Swedish Competition Authorities
 

  • The authority has the right to gain access to premises, land areas, means of transport and other spaces. Questions may also be asked directly on site.  If possible, copies of the evidence taken (whether physical or digital) must be left behind. You should always insist on this, or make your own copies.
  • The authority may take copies of documents or the original document itself for inspection at their own premises or other location. Digitally stored information can be copied or mirrored. Mirroring, unlike copying, includes not only the active information on the storage medium but also deleted information. The authority may also take possession of the devices on which the information is stored. The undertaking which is the subject of the investigation has the right to observe the measures taken, which may include a right to accompany the authority to their premises.
  • You are advised to cooperate with the authority to the extent necessary for the inspection to be conducted. Officials may, for instance, demand information which enables access to evidence, passwords, location of documents and access to closed premises. Preventing the authority from carrying out the inspection may result in fines.
  • If you refuse to cooperate, such as denying access to a closed premise, the Authority can request measures by force from the Swedish Enforcement Authority. They may not itself use measures by force. 

What may the officials search?

Swedish Competition Authorities

Documents

  • The authority has the right to access and search all documents available to the undertaking being inspected, regardless of its form; examine accounting records other business documents; take copies of or make extracts from accounting records and business secrets. 
  • The authority may take copies and seize documents. If the authority seizes a document, insist on receiving a copy or make a copy of every seized document. 
  • The following documents may not be seized, copied or inspected by the officials:
    • Documents which are legally privileged. This is usually documents containing correspondence between the company and one of its external lawyers. 
    • Private documents, and other personal information, may be examined only to determine whether they have value as evidence. 
  • If the officials want to inspect privileged documents, only show those parts of the documents which prove their privileged character. If the privileged character of certain documents is contested, request that these documents be sealed until a final decision by a court as to the privileged character has been made.
     

Computer

  • In general, the officials are also entitled to search and take computers, digital devices and other objects. Again, legally privileged and private information may not be searched, copied or taken (same as above at 3). 
  • If you disagree with the authority on whether certain information is legally privileged, request that the information be appropriately stored until a final decision by a court as to the privileged character has been made (same as above at 4). 
     

List of all evidence seized/affixing seals

  • You should insist that the officials make a precise list of all evidence copied or seized, and request copies. 
  • The authority may seal business premises, accounting records, or business documents for as long and to the extent necessary to conduct the inspection. Do not break this seal. Breaking a seal could lead to fines.
     

Who may be questioned by the officials and how?

Swedish Competition Authorities
 

  • The officials are entitled to request from all employees and representatives of the company explanations of facts and documents that may be related to the purpose of the inspection.  
  • You are required to cooperate; failure to do so may result in fines. However, you are not obliged to incriminate yourself. You must not answer questions that directly compel the company to admit a competition rules violation. However, you must provide factual information and documents in your possession, even if they may be used to establish an offence.
  • Verbal information that may be relevant to the case must be documented. Take notes of all questions asked as well as the answers given. Ask that interviews be recorded. 
  • Only answer questions that are actually related to the inspection. Only answer the questions that are asked. Stick to the facts and do not comment from a legal point of view. Give short and precise answers. Tell the officials if you do not know the answer to a question. Do not make any assumptions.
     

  • Request that you only be questioned in the presence of the external lawyer.  
  • The authority is not obliged to wait for external lawyers. Failing to answer questions can result in fines, except for the right against self-incrimination (see above at 2). Never sign any document before having consulted a lawyer. Sign the records only if they are correct and complete.
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