Global | Publication | August 2024
Why you should update your dawn raid guidance
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules. Often triggered by tip-offs from whistleblowers or confessions from leniency applicants, dawn raids provide investigators with an opportunity to swoop and seize information for subsequent interrogation and review. The surprise element of dawn raids offers reassurances to investigators that evidence of a possible infringement will not be destroyed.
Many businesses will have protocols for responding to a dawn raid. Typically, these include notes for receptionists on what do to if investigators arrive and detailed guidance for compliance teams about the need to ‘shadow’ investigators as they move around the office and to photocopy all documents before they are taken away. The issue that these protocols ought to cover – but often don’t – is how to deal with the arrival of digital forensic investigators.
Publication
As previously observed, conflicts occasionally arise between mortgagees and charterers where a mortgagee wishes to take prompt action to enforce its rights, but the charterer wishes such enforcement action to be deferred until the end of the charter.
Publication
For some time now, the European Commission (EC) and national competition authorities (NCAs) have been striving to catch so-called “killer acquisitions” under their merger control rules to thereby close a perceived enforcement gap.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023
