ICC Recommended Code of Practice for Competition Authorities on Searches and Subpoenas of Computer Records

Competition law authorities have responded to these challenges through the use of sophisticated and flexible computer search law enforcement tools to review and collect electronic data. How ever, computer searches initiated in one jurisdiction may impinge on the territorial sovereignty of another and may require that competition authorities in one jurisdiction coordinate their enforcement activities with those of their counterparts in other jurisdictions.
Business have a number of growing concerns about the use of computer searches by competition authorities. These concerns include: protection of confidential data (business concerns about ensuring adequate safeguards for confidential and competitively sensitive data provided to or seized by competition authorities are discussed in ICC Statement on International Cooperation between Antitrust Authorities (28th March 1996, Document no 225/450 Rev. 3); the loss of time and disruption of business while computer records are being searched; the risk of loss or destruction of data and allocation of liability for damage; and the risk of inadvertent disclosure of third party documents (for example, where the company being searched is linked to a business partner).