The following Competition guidance note Produced in partnership with Bryan Cave Leighton Paisner LLP provides comprehensive and up to date legal information covering:
BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The effect of Brexit on UK competition law in a deal or no deal scenario.
The arrival of the Competition and Markets Authority (CMA) (or any other competition authority) to conduct a dawn raid is likely to be an unwelcome surprise for any business and its officers/employees. This Practice Note provides an overview of the powers of the CMA to conduct inspections, including unannounced inspections (often referred to as dawn raids), including:
the CMA’s dawn raid powers
the CMA’s powers to conduct interviews
limits to these powers (eg privilege and self-incrimination), and
some practical insights, including how to challenge a warrant.
Specifically, it reviews powers associated with both civil investigations (conducted pursuant to the Competition Act 1998) and criminal investigations into the cartel offence (as set out in Part 6 of the Enterprise Act 2002). The note also covers the power of the CMA to conduct dawn raids on behalf of the European Commission (Commission) and other national competition authorities (NCAs). Details of the Commission’s powers to conduct dawn raids can be found in European Commission’s powers of inspection and the rights of defence. It should be noted that following Brexit, the powers of the CMA to assist
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