Inside the Raid: Practical Insights from Bird & Bird’s Dawn Raid Seminar

Bird & Bird’s Competition team in Helsinki recently hosted a seminar titled Inside the Raid, offering practical guidance on how companies can prepare for and respond to dawn raids (unannounced inspections by competition authorities).

Key takeaways from the Inside the Raid seminar:

• Differences in authority practices:
  The European Commission and the national competition authorities have similar powers to conduct dawn raids, but the dawn raid process may differ in practice. Some authorities prefer on-site inspections, which are typically more disruptive for businesses, while others prefer continued off-site inspections. In the latter case, the on-site inspection typically takes less time, while an off-site inspection might be very lengthy.  
• Legal thresholds and decision transparency:
  The European Commission typically requires strong evidence before initiating a raid and its inspection decisions are more detailed than decisions of some other authorities. In addition, the Commission dawn raid decisions are separately appealable.
• Legal Professional Privilege (LPP):
  EU case law may offer broader LPP protection than some national laws. In some jurisdictions, LPP protection is still limited only to communications with external lawyers related to the investigation in question. Best practices include marking documents clearly and involving EEA-qualified counsel early.
• Internal investigations and data protection:
  Companies conducting parallel internal investigations must comply with GDPR, including conducting Data Protection Impact Assessment (DPIA) and Legitimate Interest Assessment (LIA), especially when personal data is involved or transferred outside the EU.
• Communication strategy:
  Public communication after a raid can help manage an organisation's reputation and reassure stakeholders, but it may also influence ongoing proceedings. Timing and messaging are critical.
• In-house perspective:
  Our team shared practical insights from an in-house perspective, emphasizing the importance of preparation, discretion, and internal coordination during dawn raids. Preparation is everything. Companies should maintain clear protocols, train staff regularly, and ensure IT systems are accessible to authorities. Receptionists and local coordinators play a vital role in managing the initial response.
• Tools for compliance:
  In addition, we showcased a suite of tools to support clients, including our free Dawn Raid App, and free interactive training game, (both available in several languages including Finnish) and a customisable Dawn Raid management tool to streamline raid response.

If you wish to receive more information or slides from this seminar, please contact Katia Duncker, Petteri Metsä-Tokila or Maria Karpathakis.

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