Increasingly, we find that businesses are keen to spot potential competition law issues at an early stage. Many clients have seen the media prominence given to competition law infringements and the rising level of financial penalties. Businesses prefer not to find themselves on the defensive as a result of challenges from third parties or, even worse, to find themselves exposed to dawn raids. An unexpected visit from the European Commission and/or the OFT can be a difficult experience. With a well-considered policy on dealing with dawn raids, companies can protect their legal interests and manage the immediate burdens of these raids.
Our multidisciplinary Risk and Investigations Group encompasses not only experienced lawyers familiar with the range of regulatory topics, but also forensic specialists. This Group has extensive experience of providing client audit and compliance (including mock dawn raids) services which mirror the techniques used by competition and other regulatory authorities. These forensic tools can be deployed to enable an understanding of what data a business holds and where, as well as who can access that data and what uses they make of it. Knowing what your company knows and being able to improve systems, combined with the application of first class substantive competition law skills, can be a very powerful compliance tool.
We can help you manage your risk, provide an instant response team in the event of a dawn raid and deal with any ensuing investigation including follow up submissions, handling leniency applications and liaising with the competition authority.
Relevant experience includes advising:
- A major construction group in a dawn raid, leniency application and through to decision in an industry-wide construction cartel investigation
- A supplier in a consumer products cartel investigation, capturing and analysing documents, interviewing staff, preparing the response and carrying out a competition audit of the supplier’s business
- An FMCG retail chain through an investigation and in the appeal tribunal
- Sportsworld International in its role as whistleblower in proceedings before the OFT and CAT in relation to the replica football kit cartel and appeal, including CAT intervention and successful CAT costs application
- A multi-national pharmaceutical client during a dawn raid as part of the European Commission’s pharmaceutical sector inquiry
- Competition audits and developing and delivering competition and regulated procurement compliance programmes for various companies in the energy, FMCG, lifesciences and other sectors, including one of the world’s largest consumer product companies.