Witness in a Competition Case: Right to Refuse Signing

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A witness in a competition case may refuse to sign the minutes of taking statements. In that case, the competition case investigator must record the refusal and its reason in the minutes. A witness is also entitled to leave from work during the summons period and to refuse to testify about contents protected as secrets by law.

1. May a witness refuse to sign the minutes of taking statements?

Clauses 3 and 4, Article 83 of the Competition Law 2018 on taking statements:

“Article 83. Taking statements
…
3. The minutes of statements must be re-read by the declarant himself/herself or read back to him/her, and signed or fingerprinted on each page. The declarant has the right to request that amendments and supplements be recorded in the minutes and to sign or fingerprint for confirmation. The minutes must also bear the signatures of the person taking the statements and the person recording the minutes on each page.
4. Where the person whose statements are taken refuses to sign or fingerprint the minutes, the competition case investigator taking the statements must record it in the minutes and state the reason clearly.”

Accordingly, the law does not require a witness to sign the minutes of taking statements. Refusing to sign is the right of the person whose statements are taken; the investigator is responsible for recording the refusal and its reason in the minutes to ensure the objectivity of the case dossier.

2. How is the summons of a witness conducted?

Under Article 84 of the Competition Law 2018:

During the investigation, the parties may request the Competition Case Investigation Agency to summon witnesses; the requesting party must state the necessity for the Investigation Agency to decide.
Taking a witness’s statements must be recorded in minutes as provided in Article 83 of this Law.

A person who knows circumstances relevant to the competition case may be summoned by the Competition Case Investigation Agency or the Council for Handling Competition-Restriction Cases to participate in the proceedings as a witness. A person lacking civil act capacity may not be a witness.

3. Rights and obligations of a witness

Clause 2, Article 69 of the Competition Law 2018 provides that a witness has the following rights and obligations:

a) To provide all documents, papers, and objects in his/her possession related to resolving the competition case; to testify truthfully about all relevant circumstances he/she knows;
b) To participate in the hearing session and present before the Council for Handling Competition-Restriction Cases;
c) To be granted leave from work during the period he/she is summoned by the Competition Case Investigation Agency or the Council for Handling Competition-Restriction Cases to attend the hearing or give statements, if working in an agency, organization, or enterprise;
d) To be paid related expenses as prescribed by law;
dd) To refuse to testify where the testimony relates to state secrets, professional secrets, business secrets, or private-life secrets, or where testifying would adversely affect a complainant or an investigated party who is a close relative of the witness.

4. Competition procedural principles to know

Article 54 of the Competition Law 2018 provides the basic principles: competition proceedings must comply with the Competition Law 2018; agencies, proceeding-conducting persons, and proceeding participants must keep confidential information related to the competition case and enterprises’ business secrets; the lawful rights and interests of related enterprises, organizations, and individuals must be respected during the proceedings.

Notes on applying current legal provisions

Refusing to sign the minutes does not invalidate the statements recorded, but the witness should clearly state the reason for refusal so the investigator records it in the minutes as prescribed. If you need to clarify your rights and obligations when summoned in a competition case, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before participating.

How can ANT Legal help?

ANT Legal assists in reviewing specific situations, advises on the rights and obligations of witnesses and persons with related rights and obligations in competition cases, prepares clients for hearing sessions, and works with the Competition Case Investigation Agency and the National Competition Commission when necessary.

For quick advice, you may contact a lawyer at 0966.475.966.

Legal Knowledge

May a Witness in a Competition Case Refuse to Sign the Minutes?