Schalast | Dawn raid & cartel fine proceedings (public enforcement)
Cartel proceedings are a real test for all companies. Good preparation for cartel fine proceedings begins with proper preparation for a (possible) dawn raid. Important questions to start with are whether the guide should be in hard copy or electronic form, and who the guide is aimed at: is it intended as a reference work for the legal or compliance department, or as a set of guidelines for all employees that may be published on the intranet? Depending on the focus, we customize the content and presentation.
Defining clear responsibilities for the shadows, who accompany the search alongside external lawyers, is also crucial. Ideally, these should be trained as a group following the introduction or update of the dawn raid guidelines. It makes sense to also discuss the technical aspects of data provision in these training sessions, e.g. how to access computers and cell phones remotely or how to centrally block chat groups. For this reason, we regularly conduct the training together with specialized e-discovery companies.
It is also advisable to carry out a mock dawn raid a few months after the internal implementation. Here we offer joint mock dawn raids together with our partner Consilio.
If a search does take place, which is now also possible under the Foreign Subsidies Regulation (FSR), we will be at your side every step of the way to help you through this exceptional situation. It is important to distinguish between the individual authorities and their respective competencies when it comes to the admissibility of measures. There are significant differences, particularly in the area of (provisional) confiscation.
When a dawn raid is in progress, it is important that all processes run smoothly, in particular that the e-discovery is set up immediately. Our established relationships, including with Consilio, guarantee quick and effective action. Our Schalast Rapid Response Team also has sufficient personnel capacity and relevant experience to be able to support larger searches at several locations. Thanks to our offices in Berlin, Düsseldorf, Frankfurt, Hamburg and Stuttgart, we can provide rapid on-site support if required.
Cartel fine proceedings present a particular burden for companies. Speed is of the essence when a marker needs to be set and leniency applications may be required in several jurisdictions. In such cases, we work closely with our international Multilaw partner law firms. By submitting leniency applications, companies can reduce a potential fine to zero if they are the first to voluntarily terminate the anti-competitive behavior and actively assist the competition authority in uncovering the cartel.
In summary, we advise you on:
- Raids by antitrust authorities
- Leniency applications
- E-Discovery