CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ

IMPACT OF COVIDǧ19 ON COMPETITION LAW AND POLICY

4. Other Specific Measures in Public Enforcement Other specific changes of competition law enforcement were caused by the simple fact that physical contacts between people were significantly limited. Thus, the number of on-site inspections dropped. In the Czech Republic, the number of inspections in 2020 was down to 10; conversely, in 2021 the number reached 26, the highest number ever. 55 The situation was significantly worse in other countries. In Poland, six companies were searched in 2020 56 and three in 2021; 57 in Slovakia, there was only one inspection performed in 2020 and none in 2021. 58 As is evident from the Czech experience, these low numbers may be expected to recover soon. But did the lock-downs cause any long-lasting changes concerning the inspections? We do not have the relevant data yet, but it is quite plausible that due to extended home working, less relevant personal would be present at the undertakings’ premises than before the pandemic. This could possibly lead to increase in inspections of non-business premises, so far not performed in Central Europe, even though we are not aware of any such a search yet. The competition authority might also increase its requirements on the undertakings under investigation. In the Czech Republic, the courts have recently agreed that the competition authority is allowed to summon specific persons on the inspection’s site and ask them to provide specific communication tools (e.g. cell phones). 59 Some competition authorities were completely closed during the lockdown. This caused significant problems in practice, among others the impossibility to inspect the file. To remedy this, the Czech Competition Authority announced that it is willing to send the file through a specific system of emails, dedicated for communication among public authorities and entrepreneurs, or to send it on a flash-drive. 60 This procedure has been abandoned, we nonetheless put forward that given the state of technology, it would be much more convenient for the parties to the proceedings to be able to inspect the file without a necessity to be physically present at the authority’s premises. Unfortunately, no such initiative is being discussed. Limited operation of competition authorities also gave rise to fears that they will not be able to stick to tight deadlines, in particular in case of merger review. In Poland, there was a law adopted, stopping the statutory deadlines; still, the impact on the length of the proceedings was small, prolonging the average duration of Phase I merger review only by a few days. 61 Similar legislation was proposed in Slovakia, it has however not been passed. Instead, in the new Slovak Competition Act, adopted in 2021, there are a few specific provisions on times of 58 Presentation of Boris GREGOR, Vice-Chairman of the Slovak Competition Authority, at the conference on 26 May 2022, Bratislava, available (in Slovak only) at: https://www.antimon.gov.sk/data/files/1752_boris-gregor prezentacia.pdf?csrt=1572724812021718316 (accessed 22 July 2022). 59 PETR, M. May Executives Be Summoned for Dawn Raids? European Competition and Regulatory Law Review . 2021, No. 2., p. 138. 60 The original press release of the Czech Competition Authority is no longer available online, it however issued an identical one during the second COVID wave; the press release of 21 October 2020 is available (in Czech only) at: https://www.uohs.cz/cs/informacni-centrum/tiskove-zpravy/hospodarska-soutez/2754-zmeny-v-nahlizeni do-spravniho-spisu-v-dobe-nouzoveho-stavu.html (accessed 22 July 2022). 61 Presentation of Maciej JANIK ( op. cit. ). 55 Annual Report of the Czech Competition Authority for 2021 ( op. cit. ), p. 8. 56 Annual Report of the Polish Competition Authority for 2020 ( op. cit. ), p. 26. 57 Annual Report of the Polish Competition Authority for 2021 ( op. cit. ), p. 17.

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