Clifford Chance
An Uptick DOJ Antitrust Dawn Raids: Is The US Dipping Into The EU Antitrust Enforcement Toolkit And Is Your Company Prepared?
4 May 2017
Investigatory raids of corporate offices are a common tool in many parts of the world. The European Commission frequently employs dawn raids to gather evidence of collusive activity among competitors and often raids multiple competitors simultaneously. However, at least in the antitrust context, the practice has been far less frequent in the US. Until recently, the Antitrust Division of the US Department of Justice ("DOJ") has turned to civil processes (civil investigatory demands and subpoenas) to gather evidence. However, two recent dawn raids by the DOJ may signal a tactical change.
