Checklist in case of an unannounced inspection/dawn raid conducted by the ACM or the European Commission

At the beginning of the inspection

  1. Check and make copies of the officials’ proof of identification.
  2. Check and make copies of the document authorising the investigation. Immediately send a copy of this document to your legal counsel.
  3. Ask the officials to wait until your legal counsel has arrived.
  4. Discuss the following topics with officials before they commence the search:
    • Who will answer questions on behalf of the company;
    • Whether the authority will provide copies of the documents they intend to seize and/or copy;
    • Whether the competition authority will investigate digital files. If so, discuss how your own IT specialist will be involved in the investigation and ensure that your legal counsel has the opportunity to verify which digital files are copied onto the official’s own devices.

During the inspection

  1. Make sure that the investigation remains within the legal scope as described in the document authorising the investigation.
  2. Keep track of what data is accessed and selected.
  3. Answer questions only in the presence of legal counsel.

After the inspection

  1. Request copies of all copied documents. Also, ensure that you have copies of any interviews officials may have conducted during the inspection.
  2. Make clear follow-up arrangements with the authority.
  3. If certain parts of the premises are sealed, ensure the seal will not be broken by any person other than the authority’s officials.
  4. Discuss appropriate follow-up measures internally and with your legal counsel. Such measures may include the need for internal or external communication, and the potential need to launch an internal investigation into the alleged infringements.

Download the Unannounced Visit Checklist