Explaining Dawn Raids: A Soft Law Perspective into European Competition Authorities’ Explanatory Notes on Unannounced Inspections

Abstract

For anyone tasked with ensuring an undertaking’s legal protection, competition authorities’ (CA) unannounced inspections or ‘dawn raids’ constitute an exceptionally challenging investigative measure.1 In attempting to find out what exactly happens during dawn raids, however, one quickly discovers that not much information is available. Considering the nature of the investigative measure and its potential implications to undertakings, the scarcity of scholarship in particular is striking.2 Powers of inspection constitute an exception to the right to privacy.3 An unannounced inspection is likely to disturb the day-to-day operations of the undertaking targeted, and key personnel may need to be involved over several business days. Legislation applicable to unannounced inspections regulates procedure on too crude a scale to truly understand practical procedure. What actually happens once inspectors from a CA show up at your office? What are the rights and obligations of inspectors, or those of the undertaking and...