- What are the Powers of Judicial Officers and Investigators in Competition Cases?
The Law and Regulations (Articles 34-44) grant Judicial Officers and Investigators at the General Authority for Competition broad powers to uncover violations, as they hold the status of Judicial Police (Article 15 of the Law).
Powers of Judicial Officers (Inspection)
They have the right, collectively or individually, to:
- Enter Premises: Enter establishment sites, offices, and warehouses during normal working hours.
- Examine Documents: View books, papers, devices, and email, and take copies of them (whether confidential or not).
- Seek Security Assistance: Request support from security authorities when necessary.
- Methods of Proof: Accept all methods of proof including electronic data, phone recordings, and fax.
Powers of Investigators (Interrogation)
In addition to seizure powers, investigators have the right to:
- Summon: Summon officials and employees (current or former) for investigation.
- Questioning: Conduct investigation at Authority or establishment headquarters, documenting it (in writing or audio-video).
- Use All Evidence: Including phone recordings, email, and digital data.
Establishment Obligations (Prohibition of Obstruction)
- It is prohibited to prevent or obstruct Judicial Officers from performing their duties.
- It is prohibited to withhold information, provide misleading information, or destroy documents.
- The mission must be facilitated (such as opening encrypted safes).
Urgent Cases
In cases where evidence loss or severe damage is feared, the Chairman or Governor has the right to issue an immediate decision to start investigation and inquiry without waiting for a Board meeting.
Reference: Implementing Regulations of the Competition Law (Articles 34-44) - General Authority for Competition
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