ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES

The legal possibilities regarding the investigation by the competent authorities of practices that violate the provisions of Law no. 21/1996, which regulates competition in the economic environment, with explicit reference to the interests of consumers, as provided by art. 38 of the Law, can be analysed compared to those in the Criminal Procedure Code regarding the evidentiary search procedure, with the mention of similarities and differences, especially in terms of their nature, but also of the content that the specific regulations establish. The obligations established by this legal text for the lawyer concerning the disclosure of professional secrecy to the competition inspectors require a systematic interpretation from the perspective of the provisions of art. 11 of Law no. 51/1995, which obliges the lawyer to respect professional secrecy, with the admission of the exceptions provided for by law.