Do witnesses in competition cases have the right to refuse to sign the testimony record?

Do witnesses in competition cases have the right to refuse to sign testimony records?

Pursuant to Article 84 of the Competition Law 2018 on summoning witnesses during the investigation of competition cases picture as follows:

Summons witnesses during the investigation process

1. During the investigation process, the parties have the right to request the Competition Investigation Agency to summon witnesses. The party requesting to summon witnesses is obliged to present the reason for the need for witnesses so that the Competition Investigation Agency can decide.

2. The taking of witnesses’ testimonies must be recorded in accordance with the provisions of Article 83 of this Law.

At the same time, according to the provisions of Article 83 of the 2018 Competition Law regarding taking testimonies as follows:

Testimony

1. The competition case investigator conducts testimony from the complaining party, the investigated party, people with related rights and obligations, witnesses, other relevant organizations and individuals to collect and verify information and evidence necessary for resolving the competition case.

2. The taking of testimony specified in Clause 1 of this Article is conducted at the headquarters of the National Competition Commission. In case of necessity, testimony may be taken outside the headquarters of the National Competition Commission.

3. The minutes of testimony must be re-read or re-read by the declarant himself and signed or fingerprinted on each page. The declarant has the right to request amendments and additions to be recorded in the record of testimony and to sign or fingerprint for confirmation. The minutes must also have the signature of the person taking the testimony and the person who writes the minutes on each page.

4. In case the person whose testimony is taken refuses to sign or fingerprint the record, the competition case investigator conducting the testimony must record it in the record and clearly state the reason.

Thus, according to regulations, witnesses in competition cases have the right to refuse to sign the testimony record.

Note: In case the person whose testimony is taken refuses to sign or fingerprint the record, the competition case investigator conducting the testimony must record it in the record and clearly state the reason.

Is a witness in a competition case entitled to leave his job while the Investigation Agency takes testimony?

Pursuant to Clause 2, Article 69 of the 2018 Competition Law, the rights and obligations of witnesses are stipulated as follows:

Witnesses

…

2. Witnesses have the following rights and obligations:

a. Provide all documents, papers, and objects that you have related to the resolution of the competition case; honestly declare to the Competition Investigation Agency and the Anti-competition Case Handling Council about all the details related to the resolution of the competition case that they know;

b. Participate in hearings and present before the Council dealing with anti-competitive cases;

. Leave your job while the Competition Investigation Agency or the Competition Restriction Handling Council summon you to participate in a hearing or take testimony if you work in an agency, organization, or enterprise;

d. Be paid relevant expenses according to the provisions of law;

dd. Refuse to declare if the declaration is related to state secrets, professional secrets, business secrets, private secrets or the declaration has a negative or detrimental effect on the complaining party or the investigated party who is a close relative of him/her;

Thus, witnesses in competition cases are entitled to leave their jobs while the Competition Investigation Agency and the Council for Handling Restriction of Competition cases are summoned to participate in taking testimony if they work in an agency, organization, or enterprise.

In particular, people who know details related to the content of competition cases may be summoned by the Competition Investigation Agency or the Council for Handling Competition Restriction Cases to participate in competition proceedings as witnesses.

A person who has lost civil act capacity cannot be a witness.

How are competition litigation principles regulated?

Competition litigation principles are stipulated in Article 54 of the Competition Law 2018 specifically:

– Competition proceedings activities of agencies conducting competition proceedings, persons conducting competition proceedings, participants in competition proceedings and relevant agencies, organizations and individuals must comply with the provisions of the Competition Law 2018.

– Agencies conducting competition proceedings, persons conducting competition proceedings, and participants in competition proceedings, within the scope of their responsibilities, powers and obligations, must keep confidential information related to competition cases and business secrets of enterprises in accordance with the provisions of law.

– Respect the legitimate rights and interests of businesses, organizations and individuals involved in competition proceedings.