Loyens & Loeff

Dawn raid by the ACM or European Commission

Are you facing a dawn raid by the Netherlands Authority for Consumers and Markets (ACM), the Belgian Competition Authority (BCA) or the European Commission? Please contact an external lawyer immediately to ensure your rights during the dawn raid.

The Competition Team of Loyens & Loeff is ready to help you at any time. The Competition Team of Loyens & Loeff has an extensive experience in assisting clients with dawn raids of the ACM, the BCA or the European Commission. Our competition experts have exact knowledge of the dawn raid procedures and will be able to assist you and protect your rights during the process.


Dawn raid by the ACM / BCA / European Commission?

Please call us on +31 20 578 56 14 (NL) or +32 2 773 23 44 (BE).



Read the step-by-step plan for a dawn raid by the ACM / BCA / European Commission

Reception

  1. Inform the key individual(s) within the company.
  2. Ask of proof of identity of the officials.
  3. Verify whether the officials are of the ACM, the BCA or of the European Commission.
  4. Note the time of arrival of the officials.
  5. Ask a copy of their dawn raid documents to check whether the investigation is being conducted under an authorisation and/or warrant.
  6. Check whether there is a (conference) room available that does not contain any company documents or computers.
  7. Inform the key individuals about the available conference room.
  8. Ask a colleague to take the officials to the (conference) room as soon as possible.

Key individual(s)

  1. Contact external lawyer: +31 20 578 56 14 (NL) or +32 2 773 23 44 (BE).
  2. Do not obstruct the investigation.
  3. Ask the officials to wait until the lawyers have arrived.
  4. Check and note the scope of the investigation.
  5. Check the identification documents of the officials and write down essential personal data, such as the identification number and name of the inspector.
  6. Ask a copy of the dawn raid documents to verify whether the investigation is being conducted under an authorisation or warrant.
  7. Contact and ask on-site availability from your IT experts.
  8. Ensure that the officials are accompanied and monitored at all times.
  9. Only answer questions of the officials in the presence of a lawyer or in-house counsel.
  10. As soon as the lawyer(s) arrive(s), provide a full report on what has happened so far during the dawn raid.
  11. Ask for a copy of all documents gathered during the dawn raid by the officials.


What are the investigative powers of the ACM / BCA / European Commission?

  1. The ACM, the BCA or the European Commission officials are allowed to enter any business premises, land and means of transport without your prior consent.
  2. The officials are allowed to ask you and your employees questions. During these interviews, the presence of a lawyer is advisable.
  3. The officials are allowed to examine business records that fall within the scope of the investigation:
    - The officials are allowed to examine all formal and informal (analogue or digital) documents, such as emails, notes, minutes, agenda’s, phone records, WhatsApp, LinkedIn and text messages;
    - The officials may ask to be given access to filing cabinets and desk drawers; and
    - The officials can take copies of, or make extracts from, analogue and digital business records.
  4. The officials can seal doors to (conference) rooms or other business objects. Please note: breaking or otherwise interfering with official seals – by any person (including cleaning personnel, security etc.) – can result in high fines.