The Spar Cases in Austria: Shaping the Legal Framework for Digital Evidence Gathering During Competition Dawn Raids

Publikation: Wissenschaftliche FachzeitschriftOriginalbeitrag in FachzeitschriftBegutachtung


As appears from developing case law in Austria, the right of a company to be heard is not necessarily impaired where a search warrant originally addressed to another company of the same group is extended to it and merely refers to the original court order in its legal appraisal.

A search warrant that covers the saving of electronic documents extends to any data that are accessible from the business premises being searched, even if located on a server situated elsewhere

The use of forensic software in the course of an authorised dawn raid is legal.
Seiten (von - bis)205 - 2011
FachzeitschriftJournal of European Competition Law and Practice
PublikationsstatusVeröffentlicht - 2016