This article by White & Case covers dawn raids. The article states that as we go into autumn, European competition authorities are likely to resume dawn raids of companies suspected of competition law infringements. This is as a result of a backlog of planned inspections that has built up since the start of the pandemic.

Dawn raids are a weapon within the regulator's armoury that seem to wield with varying degrees of frequency. Regardless though, they must be very daunting for companies to experience, especially if they are not prepared or experienced in dealing with these situations. Companies will need to ensure that their dawn raid procedures are updated. In particular they will need to ensure they have been adapted to address the changes in dawn raid practice following the pandemic and the new reality of employees remote working.

Responding to dawn raids will always involve a technology element as the regulators will be keen to get their hands on relevant data sets and will often be focused on communication data as well as official business records. And this is where we come in.

We always stress that companies need to be prepared, not only to monitor the data the regulators are capturing and/or searching, but also to perform the tasks themselves, with appropriate legal guidance, to ensure that they are able to analyse the data and get a view on how the regulators may respond and/or react. If you want to understand more about this, then drop me a line.