Companies’ competition counsel must learn to manage the tension between their duty to cooperate and defending their rights when dealing with dawn raids.
They should also keep answers to investigators short and factual, plan mock raids and assume that an EU raid will take place on a Tuesday, according to speakers at IFLR’s Competition forum last week.
Panellists in the ‘Competition investigations and dawn raids’ session outlined their policies for dawn raid preparation. Genevra Forwood, counsel at White & Case, laid out her tips for what companies should and shouldn't do when subject to a dawn raid.
She first pointed out the rights of EU competition investigators. These include entering company premises and vehicles, searching private homes and vehicles (with a court order), examining books and other business records, taking copies of books and business records, and sealing any business premises, books or records during an...