Pavitra Priyadarshan, B.A.L.L.B, National Law University, Odisha
ABSTRACT
Dawn raid assumes profound importance in the business world as competent regulators undertake unannounced investigations at the company’s premises for suspected violation of competition laws. Dawn raids are made in the early hours of the day without prior notice to the business owners. Often crucial documents, accounts, and assets are seized, and the affected business owners fail to do much in defence due to a lack of proper legal knowledge. Allowing attorneys to be present during such raids is critical in the justice delivery mechanism. The inspectors seek to unearth maximum evidence of violations during such investigations by all means. At the same time, companies have the right to defend themselves with the help of qualified counsel. This paper looks at different aspects of the dawn raid with the help of four case studies and examines the pros and cons of the organization’s right for lawyers to be present during such raids. It is observed that the firms face substantial danger from dawn raids and go through enormous difficulties and sufferings even if, ultimately, they are found to be free of antitrust violations at the end of the trial. It is recommended that companies draw a safe operating procedure (SOP) and a predefined response strategy for dawn raids, and the investigating authorities should allow the presence of a counsel during dawn raids for transparency in the investigation process.
