Dawn Raids Research Articles

The High Cost of Politics in Indonesia: An Exploration of Multi-perspectives from Academics, Students, Executive Officials, and Legislative Candidates

The issue of high electoral political costs in Indonesia has been a serious concern since the 1998 reforms. This study aims to explore the factors that contribute to the high political costs in Indonesia’s democratic electoral system. The research question posed is: “What are the factors that lead to high political costs in Indonesia’s democratic electoral system?” The study employs a qualitative method with an in-depth interview approach. The informants for this study included academics, students, executive officials, and legislative candidates, selected to explore perspectives from various levels of society and the state. The selection of these informants was based on their diverse backgrounds, which were considered capable of providing comprehensive views on this issue. The findings reveal that the high cost of politics is caused by several factors, including an unusual electoral system, a paradigm shift in political parties, the prioritization of popularity over competence, campaign finance sponsorship, payback politics, and the phenomenon of “dawn raids.” The conclusion of this study indicates that the high cost of politics is a complex problem that requires a cross-sectoral approach to find a solution. The implication of this study is the importance of a deeper analysis of the mechanisms of political financing and their impact on democracy in Indonesia. This study makes an important contribution to understanding and addressing the problem of electoral political costs in Indonesia and emphasizes the need for cross-sectoral cooperation to achieve sustainable solutions.

Digitalisation of the Preliminary Investigation Phase, Fundamental and Human Rights and the Principle of Openness - Balancing Conflicting Interests in the Review of Large Data Sets

The EU courts have divided an investigation into two distinct stages with different aims: the preliminary investigation phase and the contradictory phase. This paper examines issues related to the digitalisation of the preliminary investigation phase, from screening and open source intelligence to data processing during unannounced inspections or dawn raids. The question is how rights of defence are secured without jeopardising an investigation where data sets have grown beyond anything previously known. Within the context of the principle of openness of government activities in Finland and Sweden, the author sets out to find how the main rule of openness is balanced with the objectives of the preliminary investigation phase. The article examines case-law and literature, complemented with public statements from competition authorities, to find that a fair balance between conflicting interests has been achieved thus far. Examples of open questions currently subject to debate do, nonetheless, range from using personal apps for detection to whether national identity as per Article 4(2) of the Treaty on European Union can tip the balance between confidentiality of correspondence and cartel enforcement categorically in favour of the former. The Court of Justice will likely have to address the issue of national identity in the ongoing Ronos case.

Pacific peoples, New Zealand housing-related political rhetoric and epistemic violence

On 1 August 2021, then New Zealand Prime Minister Jacinda Ardern issued a formal apology for the historical violent policing of Pacific people during the 1970s Dawn Raids. The Dawn Raids were state-sanctioned police raids and random street checks targeting solely Pacific Island overstayers primarily in the Auckland area (Ongley & Pearson, 1995). Within the last decade, a nationwide housing crisis has emerged in Aotearoa New Zealand reflecting the impacts of a combination of factors: a sharp decline in homeownership, a shortage of affordable quality homes and an increasing demand for emergency housing (Bourassa & Shi, 2017; White & Nandedkar, 2019). Al Jazeera’s recent investigative documentary New Zealand: A Place to Call Home (2020) explores the housing crisis with a specific focus on the rental market. The documentary opens by exploring the efforts of the advocacy group Auckland Action Against Poversity (AAAP) to house Aucklanders.

Dawn Raids and Their Effect on the Stock Market

Dawn Raids and Their Effect on the Stock Market

Critical Race Theory and the Law in New Zealand

To respond to the enduring need for a reckoning with racism in New Zealand through legal scholarship and praxis, this article grapples with the question: how can we adopt a Critical Race Theory (CRT) framework that is located within, and appropriate for, the New Zealand context? Our central thesis is that scholars and activists seeking to apply a CRT framework or conduct a CRT analysis in New Zealand should be mindful of the particular circumstances of the settler-colonising state imposed by the Crown. To assist with this mindfulness, we propose five guiding principles for CRT scholarship and praxis in New Zealand, which are all non-prescriptive and subject to critique and further development. To illustrate the usefulness of this framework, we undertake a critical reappraisal of the 1980 Tifaga v Department of Labour case. As we show, it is important to approach this case against the backdrop of the dawn raids and state-fuelled racism against Pacific peoples.

Competition Law and Fundamental Rights: Survey of Recent Developments Concerning the Right to Good Administration, Dawn Raids, Legal Professional Privilege, and Other Procedural Rights

Competition Law and Fundamental Rights: Survey of Recent Developments Concerning the Right to Good Administration, Dawn Raids, Legal Professional Privilege, and Other Procedural Rights

Freedom Dreaming of Abolition in Aotearoa New Zealand: A Pacific Perspective on Tiriti-based Abolition Constitutionalism

The global resurgence of the Black Lives Matter movement in May 2020 led to an unprecedented reckoning with the racism within Aotearoa New Zealand’s police and prison systems. For Pacific peoples, this led to reflections on the racism of the police during the dawn raids of the 1970s and the racist police violence that Pacific peoples and Māori continue to face today. Notably, when the state apologised for the dawn raids in August 2021, it failed to acknowledge, let alone make amends for, this ongoing racist violence. Therefore, as a Pacific abolitionist legal scholar, in this article I argue that Pacific peoples and wider society in Aotearoa New Zealand must hold the state to account for the inherent racism of not only the police, but prisons as well. Specifically, I argue that we must ‘freedom dream’ ( Kelley 2002 , np) of police and prison abolition by supporting calls by Māori and other criminal justice advocates to achieve abolition through constitutional transformation premised on honouring te Tiriti o Waitangi. In making this argument, I draw on Black American abolitionist legal scholar Dorothy Roberts’ concept of ‘abolition constitutionalism’, which challenges abolitionists to grapple with whether abolition can be achieved within existing constitutional frameworks ( Roberts 2019 , 122). Accordingly, I offer a Pacific perspective on Tiriti-based abolition constitutionalism which further develops the case for why abolition cannot be achieved within current constitutional arrangements within which te Tiriti o Waitangi has long been, and will continue to be, undermined by Parliament.

Judicial review and the protection of privacy rights in dawn raids

Commission inspections pursuant to Article 20(4) of Regulation 1/2003 (i.e. dawn raids) interfere with the privacy rights of companies and individuals. This interference is disproportionate when it is not consistent with the requirements laid down in Article 7 of the Charter of Fundamental Rights of the European Union and Article 8 of the European Convention for Human Rights. In its recent judgments in the French Supermarkets cases, the General Court partially annulled four Commission inspection decisions for constituting an arbitrary and unjustified interference with the privacy rights of the inspected companies. The General Court found that the Commission had initiated inspections without having sufficiently serious evidence in its possession. This article examines this finding of the General Court and its practical implications for the protection of companies’ privacy rights in the context of dawn raids. In addition, this article examines possible remedies for challenging the seizure and copying of documents containing personal information of raided companies’ staff during a dawn raid.

People, power, Pollokshields

A social work perspective of dawn raids of refugees and asylum seekers within the Pollokshields area of Glasgow, which were stopped by community action. The hostile environment whipped up by politicians and the ongoing oppression of refugees and asylum seekers is considered within the context of counter terrorism legislation and the need for grassroots community social work working.

The Failure of Leniency as a Regulatory Transplant in Hungary

While leniency has become the main pillar of EU cartel enforcement, its expediency can be questioned, particularly if we consider that the vast majority of leniency applications arrive after the first dawn raids or failed cartels. Leniency can be criticized not only for uncovering only cartels that are already doomed, but also for its cartel-inducing effect, where periodic whistle blowing or the mutual threat of disclosure stabilizes anti-competitive agreements. The effectiveness of leniency policy is strongly influenced by the regulatory mix of incentives (immunity from or reduction in fines, anonymity), sanctions (criminal sentences, disqualification from public procurement), and compensatory measures (private enforcement) introduced in the given jurisdiction. However, certain extra-legal factors may also play a key role: the success of leniency policies differs across company size, whistle-blowing cultures, and awareness of leniency throughout the Member States. In our paper, we analyse Hungarian leniency policy as a legal transplant, describing its design and comparing it to the ECN Model Leniency Programme. We arrive at the conclusion that its failure in Hungary can be explained by extra-legal factors, such as market structure, leniency awareness, company culture, and ingrained attitudes towards competitors and the state.

Czech Republic ∙ May Executives Be Summoned for Dawn Raids?

Czech Republic ∙ May Executives Be Summoned for Dawn Raids?

Nexans v Commission: Commission’s Powers of Inspection—May Dawn Raids Continue in Brussels?

<i>Nexans v Commission</i>: Commission’s Powers of Inspection—May Dawn Raids Continue in Brussels?

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

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...

European Union Competition Law Developments in the Aviation Sector: July to December 2019

The second half of 2019 continues to highlight the rapidly-changing aviation sector, with a number of key developments. This article summarizes the main developments over the past six months and provides the reader with greater detail of each of these developments. The Competition and Markets Authority (the ‘CMA’) in the United Kingdom has launched an in-depth Phase 2 investigation into the proposed acquisition of Farelogix by Sabre, after rejecting the parties’ initial remedies. As part of the Phase 2 review, the CMA inquiry group has stated that it intends to review whether the CMA has jurisdiction to investigate the transaction. This type of jurisdictional assessment is not commonly undertaken during Phase 2 investigations. The Parties are accusing the CMA of merging the substantive assessment of whether the transaction would lead to a substantial lessening of competition, with the jurisdictional issue of whether the transaction is one which qualifies for review by the CMA. A number of the airline addressees of the European Commission’s (the ‘Commission’) air cargo cartel decision have argued their respective appeals against the re-adopted 2017 decision. This marks the latest development in the long-running saga, which started with the Commission carrying out a number of unannounced inspections in 2006 (so-called dawn raids) before reaching its first decision in 2010. Following a successful appeal of the 2010 decision, the Commission re-adopted its decision in 2017, which is the focus of the current appeals. The airlines have raised arguments based on, inter alia, lack of evidence, statute of limitation, equality of treatment, the role played by regulators outside of the European Economic Area (‘EEA’), etc. The recent collapse of the Thomas Cook Group has spurned a number of competitionrelated developments. The German competition regulator has cleared an acquisition by Signa of 106 branches as well as the online travel business of Thomas Cook. The German regulator similarly cleared a separate transaction by Anex Tour of the Bucher Reisen &amp;amp; Öger Tours business. The collapse also caused financial difficulties for Condor Airlines (part of the Thomas Cook Group), as it was forced to write off a number of claims against other group companies. This led Germany to grant temporary rescue aid of EUR 380m to the airline, which has subsequently been approved by the Commission. Aviation, airline, regulation, competition and anti-trust

The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment)

The purpose of this article stated that the global economic arena has taken new insights across the shore of nations. THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have taken the global view of the legislative aspects along with their de jure appliances and improvements for the proper economic growth under the auspices of legal framework. The ramification of cross border cartel enforcement has surfaced astoundingly between 1998 to 2015, underlining the earnest and prompt action to strengthen and revisit the competition law enforcement tools and proficiency. The technological advancements and liberalization of trade has risen significant challenges which includes the enforcement of cross border cartels and mergers. The globalization of corporate activities and deregulation of business markets and numerous industrial sectors has endangered the theoretical foundation of domestic and international competition enforcement regime. The transnational anticompetitive practices like monopolization of markets, collusive price fixing, vertical restraints of trade and international cartels currently challenged the jurisdiction and policies of OECD, WTO, UNCTAD, and ICN. This frightening situation necessarily be regularized by establishing worldwide competition policy and globally admirable enforcement standard. The weaknesses of unilateral, bilateral, and multilateral compacts be re-examined in order to cope with the cross- border competition challenges efficaciously. The extraterritorial, jurisdictional, and investigative mechanisms could be enclosed with binding nature of legal structures to deter cross border antitrust violations for smooth economic growth. The EU and US actively pursuing to establish the unanimous international antitrust regime instead of discrepancies to integrate WTO and ICN being multilateral cooperation forum. Currently, US, CANADA, EU, JAPAN and CHINA across the globe become more engaged in international cartels evidence gathering and investigations. The developments in information sharing, private enforcement, follow on civil litigation, dawn raids, extraterritorial reach of enforcement watchdog is yet to be established.

Putting Dawn Raids under Control

Dawn raids have become an effective tool to enforce EU and national competition laws. Judicial review is an essential mechanism of control over the executive branch against possible misuse of this power. However, this judicial review has shown to have limits; it cannot always guarantee an adequate redress for the affected parties. How to address the limited judicial review to ensure control over dawn raids? This article argues that the limits of judicial review could be addressed by extending the types of controls over this action, i.e. ex ante legislative guidance and internal managerial accountability. The more conceptual argument that this paper puts forward is thus that it is essential to seek connections between different concepts and types of controls to ensure a comprehensive/water-tight system of controls over the actions of the executive branch.

Dawn Raids and the Role of Forensic IT in Antitrust Investigations

While digital markets attract much attention of the antitrust community, important developments also take place in relation to the way antitrust investigations are handled and evidence is preserved. More and more enforcement actions of antitrust authorities rely on the ability to find and preserve digital evidence of an illegal activity. This article focuses on recent case law developments in relation to the approach to forensic IT in antitrust enforcement and investigates whether enough leeway is left to the antitrust authorities to properly discharge their powers. The article focuses on the procedural developments at the EU level and in one EU national jurisdiction, i.e. Poland. The article concludes that the current approach to forensics in antitrust does not allow to use available capabilities to a full extent. A proposal is made for an alternative approach, which would benefit effective antitrust enforcement and due process.

Dawn Raids: Practical Advice for General Counsel

Dawn Raids: Practical Advice for General Counsel

Czech Republic ∙ Unlimited Possibility to Challenge Dawn Raids?

Czech Republic ∙ Unlimited Possibility to Challenge Dawn Raids?

Germany ∙ Compliance: 18 Months Of The German Act On Fighting Corruption In The Healthcare Sector

The German Act on Fighting Corruption in the Healthcare Sector 2016 complements the already existing criminal offences against corrupt behaviour with provisions for the protection of fair competition in the healthcare sector as well as the (public’s) trust in the integrity of healthcare-related decisions, especially with regard to healthcare professionals licenced for the statutory health insurance scheme. The newly established provisions, sections 299a and 299b of the German Criminal Code 1998 (StGB), apply to the prescription and/or procurement of medicinal products, healthcare-services and products and medical devices as well as the referral of patients and test materials. While the new provisions eschew any direct reference to regulations of professional conduct and/or other provisions, the interpretation of the new law relies heavily on the adherence to provisions outside the Criminal Code, such as physician’s professional law. One and half years after the law has come into force it can be said that the main focus of the prosecutors is not the cooperation between pharmaceutical and medical device industry but the unlawful cooperation between the industry and physicians and/or hospitals. To avoid sufficient initial suspicion and following dawn raids by official prosecutors it is crucial for all players (industry, HCP’s) to bear the professional codes in mind as well as the relevant codes of conduct (FSA code of conduct, AKG code of conduct).