This webinar will provide guidance and practical tips for dealing with dawn raids under EU law.
In order to enforce Articles 101 and 102 of the Treaty on the Functioning of the European Union, Chapter I and Chapter II of the Competition Act 1998 and Part 6 of the Enterprise Act 2002, competition regulators have the power to request information and also to carry out investigations at the premises of suspected infringers.
An unannounced inspection or dawn raid by a competition authority will create major disruption for a business and could potentially lead to fines, damages actions and in some cases personal sanctions against directors and criminal charges. It is vital that the right decisions are made at speed and under pressure.
This webinar will provide guidance and practical tips for dealing with dawn raids under EU law, including the following topics:
- Who can carry out a dawn raid in the UK? CMA, concurrent UK regulators, European Commission, co-operation between CMA and European Commission;
- Practical considerations for a company under investigation: penalties, international nature of dawn raids, business and personal premises
- What plans and procedures should a company have in place? protocol, dos and don’ts, requisite resources, the importance of staff training
- How should suspects and witnesses conduct themselves? key personnel, human intelligence sources
- Is the investigation civil or criminal? search and seizure powers, information sharing
- Is this a multi-jurisdictional investigation? disclosure of evidence between CMA and other investigative agencies
- Preventing unlawful access to documents: inspecting authorisation, controlling the IT environment
- Legal privilege and handling suspects and witnesses: in-house versus external advice, privilege against self-incrimination; handling disputes relating to questioning powers: interviewee rights, written requests for information
- Seals - what do you need to know? burden of proof
- Leniency applications- when should these be considered?
- Interaction with Human Rights: compatibility of EU regime with ECHR, recent extensions of dawn raid powers.
Jasvinder Nakhwal is a partner at Peters & Peters. She specialises in all aspects of business crime, in particular extradition, mutual legal assistance and criminal cartel investigations.
Omar Shah is a partner at Latham &Watkins’ London office . He advises on antitrust, merger control and regulatory issues and represents them before the UK, EU and other competition authorities, courts and tribunals. He has particular expertise in defending clients in complex global cartel and anti-corruption investigations and defending civil claims for damages for breach of antitrust law.
About the webinar
- is free to Competition Section members.
- forms part of the Law Society Competition Section’s annual webinar programme.
- takes the form of a live audio event, accompanied by slides during which you will have the opportunity to ask questions. Following the event you will be able to revisit a recorded version.
This webinar was held on 26 June 2015, but you can still listen to a recorded version via the link below.