Supreme Court of the Slovak Republic: The duty to provide the Antimonopoly Office of the Slovak Republic with information and materials is not without limits


Nedelka Kubáč advokáti law firm (“NKA”) represented a client in proceedings before the Supreme Court of the Slovak Republic (the “Supreme Court”) regarding the unlawful intervention of the Antimonopoly Office of the Slovak Republic (the “Office”), in which the Office required NKA’s client to provide information and materials within the sector investigation under Section 21 (1) (a) of the Act on Protection of Competition, without specifying the reasons and the subject of the investigation. The Supreme Court stated explicitly in the justification of the judgment issued on the basis of NKA’s action that the duty of the competitors and other subjects to provide the Office with information and materials during the sector investigation is not without limits. The Office is obliged to at least generally define the subject of the sector investigation, i.e. to specify its aim. The specification in question is also important in order for the subjects in question to assess whether the requested information and materials are in fact vital for the Office’s activity and therefore must be provided.
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