Dawn Raids - How Far Does An Undertaking's Duty To Cooperate Go?

The Slovenian Competition Protection Agency ("Agency") has lately increasingly been using unannounced investigations or so-called "dawn raids" in order to secure evidence of potential competition law breaches. This is why the answer to how undertakings should react to such inspections is becoming an ever more important topic.

Whereas the Slovenian Prevention of Restriction of Competition Act ("Competition Act") is rather short on the respective topic, the Agency (encouraged by a recent decision from Slovenia's Supreme Court) has shown in its public announcements that it intends to take a rather broad interpretation of undertakings' general duty to cooperate. The question is how far the Agency may and will actually go.