Office of Fair Trading ("OFT"): Dawn Raids

Monday 8th February 2010

The OFT has announced it will focus in particular on the construction market (and related services); manufacturers of construction products; demolition companies; financial services and the telecommunications industry. However, it also has power to investigate (and has investigated) other sectors.

The OFT has powers to:

• send an inspection party to your premises to carry out a dawn raid without notice and with a team of inspectors who will be searching for evidence of anti- competitive activities;
• search your premises and IT systems;
• to seize documents that suggest anti- competitive behaviour;
• prosecute for a range of offences; and
• fine companies up to 10% of their worldwide turnover if they find a breach of competition law.

Can we support your in-house team?

We have extensive experience of supporting in house teams with dawn raids and already sit on a number of pre- formed dawn raid teams.

Our experience

• we have considerable experience of representing companies being investigated by the OFT during the course of a dawn raid;
• in addition to offering representation during the dawn raid itself we have assisted a number of our clients in undertaking follow up issues and have advised them in respect of any subsequent investigation; and
• we are also the designated regional dawn raid team for a number of national clients, who can contact us for immediate advice and support.

Ashfords LLP Solicitors is regulated by the Law Society of England and Wales. This leaflet does not constitute legal advice and the services identified above are subject to our standard terms and conditions of business

Our services

The service that we offer can be tailored to your specific requirements. By way of example, we can:

• provide in-house training to prepare key staff for a dawn raid;
• prepare a dawn raid plan;
• offer a dedicated and experienced team to attend your premises;
• advise you on how to comply with the OFT team during the investigation;
• advise you on document disclosure and management throughout the investigation;
• assist you to manage the ongoing investigation following the initial raid; and
• advise you in respect of ancillary issues including: publicity, the leniency programme, stock market reporting responsibilities and how to manage the investigation internally.

Cost

We aim to ensure that matters are dealt with as cost effectively as possible. Our south west base allows us to offer competitive rates and, where appropriate, fixed fees. More details available upon request.

Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.