The Czech Competition Authority refers to Art. 8 ECHR in defining the scope of its investigative powers (Delta / Odkolek - Penam)

This contribution provides a summary of the Czech Competition Office first-instance and appellate decisions addressing the limits to the right to privacy in the context of the Office's investigation conducted in the business premises of an undertaking suspected of having infringed competition rules. It is worth noting that even though the investigation took place pursuant to the Competition Act in its wording prior to a major overhaul of Czech competition legislation prior to the entry of the Czech Republic to the EU, the holding and the reasoning adopted by the Office still remain transposable to the new legislative framework. Delta Pekarny a.s. (“Delta”) - a producer of bakery products was suspected of having engaged in a price fixing scheme with another two bakery product

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Authors

  • Gide Loyrette Nouel (Prague)
  • PRK Partners (Prague)

Quotation

Lipka Jurav, François Veit, The Czech Competition Authority refers to Art. 8 ECHR in defining the scope of its investigative powers (Delta / Odkolek - Penam), 4 March 2005, e-Competitions March 2005, Art. N° 5

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