Best Practices for Dawn Raids
DG Thanner gave a summary of the authority's activities over the past two years, followed by a presentation by Ms. Natalie Harsdorf-Enderndorf, case handler at the BWB, on the authority's practical approach and the new powers envisaged in the pending amendment of competition law. Mr Raoul Hoffer, partner in a large Austrian law firm, presented the attorneys' view, emphasizing on legal guarantees and protection against the background of the envisaged restrictions of the undertakings' right to refuse the inspection of certain documents by the BWB.
Mr. Nikolaus Schaller, judge at the Cartel Court pointed out the necessity of the envisaged legal changes in order to secure an efficient enforcement since the existing provisions lead to a transfer of the investigative work from the BWB to the court. At the same time he expected a future greater importance of the exclusion of evidence.
The discussion that concluded the event touched on practical questions, the rights and duties of undertakings but also on questions like the legal position of employees.