CMA dawn raids and interviews
Produced in partnership with Bryan Cave Leighton Paisner
CMA dawn raids and interviews

The following Competition practice note produced in partnership with Bryan Cave Leighton Paisner provides comprehensive and up to date legal information covering:

  • CMA dawn raids and interviews
  • Types of inspection carried out by CMA
  • CMA’s inspection powers under Part 1 of Competition Act 1998
  • Inspections without a warrant (under s 27 of Competition Act 1998)
  • Inspections of business or domestic premise with a warrant (under sections 28 and 28A of the Competition Act 1998)
  • CMA’s inspection powers when conducting an investigation into the criminal cartel offence (under Part 6 of the Enterprise Act 2002)
  • Powers of investigation
  • Dawn raids in the context of merger situations
  • CMA’s powers to interview
  • Powers to interview under Competition Act 1998
  • More...

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:

  1. the CMA’s dawn raid powers

  2. the CMA’s powers to conduct interviews

  3. limits to these powers (eg privilege and self-incrimination), and

  4. 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).

Finally, it should be noted that the CMA’s civil powers under Part 1 of Competition Act 1998 may also be used by UK sectoral regulators with concurrent competition powers, ie the Office of Communications (Ofcom), the Gas and Electricity Markets Authority (Ofgem), the Utility Regulator (Northern Ireland), Water Services Regulation Authority (Ofwat), the Office of Rail and Road (ORR), the Civil Aviation Authority (CAA), the Financial Conduct Authority (FCA), the Payment Systems Regulator (PSR) and NHS Improvement (which incorporates Monitor) (see further, UK sector regulation and the concurrency regime).

Types of inspection carried out by CMA

There are four instances in which the CMA may carry out

Related documents:

Popular documents