Abstract
This article analyses the subject matter of the on-site inspection conducted by the competition authorities in cases of suspected violation of competition law. The analysis is performed mainly by examining the case law of the EU Courts, whose have dealt with the decisions of the European Commission ordering inspection and with the specification of the subject matter of the inspection in several cases in the past.
The article examines the practical implications of the defined subject matter of the inspection on the investigative powers of the inspectors in the course of inspection itself. The significant part of the article is dedicated to the errors of the competition authorities in specifying the subject matter of the inspection which covers the situation when the subject matter of the inspection is defined too wide in the context of the available information indicating the possible breach of the competition law; and to the misconduct of the inspectors, which consist of the seizure of the documents that don't relate to the defined subject matter of the inspection.
The article also deals with the fortuitous discovery of the documents that fall outside the scope of the investigation, but indicates another different breach of competition law.