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Dawn Raid / Competition Investigations 

A dawn raid is one of the most Intrusive and Disruptive Experiences that a Company can face. No Business can ever completely eliminate Risk. Incidents do occur, however, and it is crucial to ensure that a Protocol is in Place to deal with them in a Professional and Logical manner to protect the Business and its People.

 

BTM CONSULTING provides an Immediate and Structured Dawn Raid response.

 

As well as dealing with the Demands of the Investigating Officials – who may range from polite but firm, to blunt and brusque – Companies must Quickly assess the Available Evidence and their Strategic Options. 

 

We have also a Wealth of Experience of dealing with Competition Investigations in Various Jurisdictions Worldwide.

 

Whether relating to Specific Alleged Infringements of the Competition or State Aid Rules or Investigations of an Entire Market or Sector – are becoming increasingly costly and onerous for Companies.

We can Help you Develop, Implement and Stress-test Emergency Response Procedures, Train your Senior Management and other Relevant Employees, and Provide you with 24/7 Support Wherever and Whenever we are needed.

All Emergencies are different and will require Differing Immediate Responses, not least to Mitigate Reputational Risk.

 

 

FIRST STEPS TO TAKE IF A DOWN RAID OCCURS

When a search occurs, the first steps you take are crucial to protecting your business. These initial actions set the tone for managing the resulting investigation.

  • Ask to see the authority under which the regulator is seeking to conduct the search. In some, but not all jurisdictions, you will have a right to inspect the relevant documentation.

  • Wherever possible, ensure that the investigating officers have valid ID.

  • Adopt a cooperative approach

  • Contact advisers and provide them with a copy of the document which officially sanctions the search and/or seizure of documents etc.

  • Inform the investigating officers that your advisors have been notified and ask them to await their arrival before they start the search. Confirm to the officers that nothing will be destroyed or concealed in the meantime. Be prepared for the fact that the officers may not agree to wait.

  • Wherever possible, ensure that officers are accompanied at all times while on your premises.

  • Advise all staff that a raid is taking place and that:

  • They should cooperate with officers.

  • No documents (including e-mails) should be deleted, destroyed or concealed.

  • They should not discuss the raid with anyone else either inside or outside the company, orally or in writing.

  • They should, ideally, contact your advisors before responding to any questions asked by the officers. Bear in mind, however, that this may not be possible in some jurisdictions which do not recognize a right in criminal investigations to receive legal advice before answering questions.

  • On arrival and where permitted by local law and custom, establish advisors as the point of liaison with investigating officers.

  • Consider whether any external notifications need to be made and/or whether you need to have a reactive statement in response to media interest.

  • We can help you prepare and stress-test your dawn raid procedures and provide training to relevant executives and employees.

 

 

 

 

 

 

 

 All BTM CONSULTING Teams Thank You for Your Trust in Us!

 

 

Our Services

BTM CONSULTING Dawn Raid Action Team offers Clients Immediate Support in the Event of an Office of Fair Trading or European Commission Dawn Raid.

We work with Clients to ensure that they are fully prepared by:

  • Managing the Dawn Raid Process and Mitigate the Administrative burden for Clients

  • Reacting Instantly to Developments and Providing Informed and Comprehensive Advice on Strategic Options from the Earliest Stages of Investigation

  • Reacting in an Instant and Coordinated manner to the first contact with any Lawyer in our Network, and Liaise with our Established Network of External Law Firms in Jurisdictions Where we do not Have an Office

  • Providing Comprehensive and Tailored Dawn Raid Guidelines to ensure that Staff at all Levels of their Organization understand their respective Roles, Rights and Obligations during a Dawn Raid

  • Working with all Levels of the Client's Organization to ensure that Information and Evidence is gathered in both a Comprehensive and non-intrusive manner and to avoid "Nasty Surprises" at a late stage of the Process and Regulatory Complications relating to Data Protection and Privacy

  • Helping clients with the development of initial communication strategies to minimize reputational harm with the business press, shareholders, customers and other commercial partners.

  • Arranging for investigating officials to be closely shadowed to ensure full respect of our clients' rights of defense, such as the non-disclosure of documents covered by legal professional privilege, and to guide and reassure employees who are targeted for investigation

  • Working around the Clock to Gather Evidence and Documents, Interview Employees and Prepare detailed Risk Assessments, so that our Clients have the best Possible Information Advantage when deciding whether to apply for Immunity or Leniency, and the best possible Chance of being "First in" to the Enforcement Agency with any such Application. Where potentially Infringing Conduct affects Multiple Jurisdictions, we Ensure that the this Information Gathering Process is Coordinated and Efficient

  • Offering bespoke compliance training and education

  • Conducting "mock" dawn raids on clients' premises

  • Providing immediate feedback to personnel. Clients can expect a full report, identifying where procedures failed or where they were inadequate, as well as areas of bad practice. A full set of practical recommendations will then be issued, to help companies address the fault lines in their dawn raid handling.

  • Providing detailed risk assessments covering the range of potential adverse consequences - such as fines, damages actions, criminal penalties and disqualification of directors - and regularly updating them throughout the course of the investigation

  • Drafting submissions and representing clients at hearings and meetings

  • Coordinating responses to multiple competition authorities in multi-jurisdictional proceedings, and ensuring that client' due process rights are respected while maintaining businesslike cooperation with enforcement agencies.

  • Advising on the leniency, immunity and settlement requirements that apply in potentially relevant jurisdictions and how they interact with one another

  • Regularly hosting workshops and issuing useful tips for action to take using the alert, analysis and action service.

 

 

 

 

All BTM CONSULTING Teams Thank You for Your Trust in Us!