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The Economic Competition Authority conducts unannounced verification visits (inspections) to companies, whether at their registered offices, branches, factories, etc. (this does not necessarily have to be their registered offices). It will review physical and electronic documents, copy physical information, as well as information from equipment and electronic devices; it may also ask questions of staff.
The visits are extensive in duration and require immediate attention.
Libera Iuris team is trained and available to provide legal advice during a verification visit and its aftermath, clearing up any questions during and afterward. It is also primarily intended to ensure that the authority complies with the Federal Economic Competition Law and other applicable provisions.
STEPS
First. Start of the visit
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1. Request the original of the verification visit order:
Request the original or a certified copy of the verification visit order from the authority, contact the company's legal representative, and contact the external attorney specializing in antitrust. If the legal representative is not present, the visit can be conducted by any person.
Ask public servants to wait for the legal representative and the external attorney before beginning the visit.
2. Review the verification visit order carefully:
Before starting the verification visit, check that the order is correct: that the public servants are authorized (check credentials), company name, address, file number, conduct under investigation, and market under investigation.
3. Establish communication with the Authority:
Maintaining direct, collaborative, and cordial communication with the authorities is very important. Ask them to explain the reason for the visit so that you can share this information with your legal representative and the antitrust attorney, and coordinate the next steps.
4. Where will the visit take place?
The authority will request an employee organizational chart and a map of the offices (if any) to identify the people and locations they will inspect. They will also likely request a tour of the facilities.
5. Review of equipment and electronic devices:
If the authority requests a review, please request that information technology (systems) personnel be present to protect the integrity of the equipment and electronic devices, as well as provide the necessary technical support.
6. Location of the authority within the facilities:
The authority will request, if possible, that they be assigned a physical space to set up, along with their forensic equipment, copiers, scanners, and other equipment that the authority will use to conduct the visit and prepare the corresponding report.
Second. During the visit
7. Scope of the visit:
Ensure that the verification visit is limited to the purpose stated in the verification visit order. Any anomalies should be reported to the external antitrust attorney.
8. Staff interviews:
It is important that company employees who are interviewed be assisted by an attorney specializing in antitrust to ensure that the questions are limited to the purpose and scope of the verification visit.
9. Document the visit:
Designate sufficient collaborators to accompany the public servants, observe, and take notes of all activities carried out, as well as the documents reviewed and copied. These notes are essential for reviewing the report minutes to be drawn up.
Third. At the end of the visit
10. Copy of the visit report:
Request that the authority provide a visible copy of the verification visit report, along with all physical and electronic attachments and each and every one of the documents copied physically and electronically.
11. Contents of the minutes:
Review the minutes prepared by the Authority thoroughly and in detail to ensure they contain each and every activity carried out (offices, people interviewed, documents reviewed and copied, etc.); use the notes taken during the visit. If anything is missing, notify the authority for inclusion. If not, have the person who conducted the visit and/or the outside attorney include it in the observations section of the minutes. This is the right time, and no other!
12. Define next steps:
In collaboration with your external antitrust attorney, identify the following actions: submit additional observations to the visit within five days; submit confidentiality and redaction requests within the legal timeframes; conduct internal reviews, if necessary; and define upcoming internal and external communications, among others.
VERIFICATION VISIT
WHAT SHOULD BE DONE IN THE EVENT OF A VERIFICATION VISIT BY THE COMPETITION AUTHORITY?