From Indicia to Duration: Emerging Procedural Themes in EU Dawn Raids

We’re pleased to share our latest contribution to the CPI Antitrust Chronicle, authored by Kyriakos Fountoukakos and Kian O’Connell.

Recent case law from the EU courts, including Michelin, Symrise, Red Bull and Nuctech, signals a growing interest in, and judicial scrutiny of, how unannounced inspections, or "dawn raids," are carried out by the European Commission. While the Commission continues to enjoy broad investigatory powers, the courts are now more actively reviewing how those powers are exercised in practice. This article examines four procedural themes emerging from recent case law: 

• the standard of evidence required to justify an inspection
• the duration of on-site and off-site review, 
• the treatment of private and mixed-use devices, and 
• the extraterritorial reach of data collection. 

In light of these developments, it also considers whether targeted procedural safeguards, such as pre- or at least post-inspection disclosure of the indicia relied upon to trigger the investigation, or an expanded role for the Hearing Officer, could help reinforce fairness and legal certainty without undermining enforcement.

Read the full article here.