Dawn raids: recommendations for companies

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What are dawn raids?

Dawn raids are an essential instrument used by cartel authorities to uncover and investigate violations of competation law. In Germany, such dawn raids can be carried out by both the European Commission and the Federal Cartel Office. They usually take place unannounced and at the start of business, which gives the authorities the advantage of surprise and leaves the companies concerned little time to prepare for the situation.

In most cases, the individuals and companies affected are overwhelmed both psychologically and logistically. Companies should therefore define clear responsibilities and instructions as part of their compliance precautions in order to protect themselves and their managers from potential damage.

Incorrect behavior can have considerable consequences. It is therefore crucial to behave correctly during a dawn raid in order not to risk the company’s legal prospects.

To avoid potential problems, those involved should keep the following points in mind:

1. Stay friendly

Remain friendly in a businesslike manner. Aggressive behavior may result in countermeasures, including temporary detention, and may be used negatively against you in the further course of the proceedings. Any attempts to escape or the destruction of documents, relevant items or other potential evidence may constitute grounds for ordering pre-trial detention.

2. Review the search warrant

Ask for the search warrant. If the officers invoke “imminent danger”, have the reasons explained to you.

3. Examine search warrant

Ask to see the officers’ identity cards and make a note of their names, functions and departments.

4. Inform the management

Inform the management, local management or the person designated in advance immediately of any measures taken in the company. This person will be responsible for further communication.

5. Keep silent

You are not obliged to comment on the matter and should not do so under any circumstances. Of course, you may engage in appropriate business-like communication to facilitate the measure and grant the officers the required access to premises and documents, provided this is legally required and proportionate.

You should make statements about your personal details (first name, surname and maiden name, date of birth, address, occupation, nationality) if asked.

Furthermore, you are not obliged to allow interrogations of employees on your company premises. Your domiciliary rights protect you from this.

6. No obligation to participate

You do not have to take part in the measures, but you should ensure that the officers are not left unsupervised. Keep a record of the measures and the times of the legal instructions given by the officers.

7. Consult a advisor

Immediately inform a criminal law advisor (lawyer, criminal defense lawyer, criminal defense tax advisor), who should be called in as soon as possible. They can give you further instructions by telephone and, if possible, attend the search in person to support you on site. There is no general telephone block during search measures. If the officers prevent you from calling, ask them to contact the defense lawyer for you.

8. Request waiting time

Ask the person responsible for the search measure to politely wait until your legal counsel has arrived before carrying out the measure. Although there is no right to this, those responsible will often cooperate if you make a friendly request.

9. Contradict the seizure

If the officers want to seize items and documents, never give your consent, but formally contradict the seizure. The officers will then officially confiscate the items and documents, which does not prevent them from being taken away, but does mean that a judge will have to decide on the confiscation later.

10. Making copies

As the officers always take companies original documents, ensure that you have copies of the confiscated files and documents. You have the right to have copies made. This way, you will secure evidence for any subsequent proceedings.

11. Demand sealing

You have the right to have the confiscated documents sealed. Insist on this! If the officers refuse to do so, demand that your request for sealing be noted in the search report.