How you can prepare for EU antitrust dawn raids and what to expect from your lawyers
Dawn raids are a big challenge, and getting it wrong can mean huge fines. Having good policies and procedures is important. But in the midst of a raid, you need to understand the practical issues that really matter. Based on our recent experience, here are five crucial things you need to be aware of:
1. IT systems and IT personnel are crucial: be prepared
- Your data has to be accessible irrespective of where it is stored: whether locally or in the cloud. Data size is not an excuse – your download speed must keep the inspectors happy
- The Group Head of IT and on-site IT leads need to be on call throughout the raid, fully supervised and supported
- Delays in providing data could lead to claims of obstruction and heavy fines – ensure your IT environment is prepared to cope with a raid promptly and efficiently
2. Keep control of the investigation
- Maintain a clear, detailed log of all investigation steps: requests made by the authority, challenges raised, devices searched and interviews held
- Capture intelligence in real time – the lawyers must keep pace with the inspectors
- Plan logistics for the end of each day (e.g., security of sealed premises) and the end of the raid – help the inspectors be ready to leave and let business get back to normal
3. Understand the inspectors
- The personalities of the inspectors can drive the entire experience; assess who is in charge and tailor your approach
- Show cooperation and build a constructive working relationship with the inspectors
- But pick your battles carefully – good lawyers know when to stand their ground and protect your rights
4. Manage your team
- Identify key internal stakeholders, and keep them in the loop and on message: Head of Business, Head of Legal, Head of HR, Head of Communications, Head of Facilities
- Manage and supervise all of your employees’ interactions with the inspectors. Keep everyone calm and cooperative
- Minimise business disruption: work with the inspectors to prioritise searches and get key business personnel working again
5. Think big picture and next steps
- Evaluate the evidence in real time and understand the exposure
- Plan investigative steps ASAP: further document review and interviews
- Strategic next steps: are you considering leniency, or standing your ground? How much more information is needed to make that decision? Time is of the essence – you may be in a race
