Inspections in Private Premises Under Slovak Competition Law: Did the Implementation of the ECN+ Directive Miss the Point?

Abstract

We face the era when tech giants are getting ever more powerful, when there are subtle ways of collusion via algorithms, and when home offices are the new normal. One would expect competition authorities to have suitable tools to investigate any infringement of competition law even under these difficult conditions. Inspections are arguably the most powerful investigatory tool within the realm of the powers of competition authorities. Although inspections are very often conducted in business premises, there might be a need to search private premises too. Regulation 1/2003 has recognised this need for almost two decades. The ECN+ Directive expects national competition law to provide their competition authorities with the power to inspect non-business premises. How was this provision transposed into the Slovak legal order? What obstacles would the Slovak Antimonopoly Office (Slovak NCA) face if it wanted to conduct an inspection on private premises? These are the questions asked in this article. The article finds that, although the legislation itself seems in compliance with the ECN+ Directive, any attempt to conduct an inspection on private premises would be difficult. Particularly, we look into shortcomings related to the institution of the guardian who should be present during an inspection; and we present solutions de lege ferenda.

Keywords

• ecn+ directive 2019/1
• inspections
• private premises
• non-business premises
• antimonopoly office of the slovak republic
• act no. 187/2021 coll