The following Competition practice note produced in partnership with Bryan Cave Leighton Paisner provides comprehensive and up to date legal information covering:
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).
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).
There are four instances in which the
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