Blocks spelling RISK next to a magnifying glass. Photo: Sasun Bughdaryan / Unsplash
Risk, Compliance & Regulatory · Service 02.14

Antitrust and dawn-raid readiness

A team that knows exactly what to do in the first hour of a competition search, and a business that knows where its competition-law risk lies.

The service

Protocols, a trained response team, device guidance and mock raids for a Competition Commission or agency search.

02.3 · Ethics & compliance programmes

The Competition Commission of India investigates cartels and abuse of dominance, and its Director General has powers to search premises and seize records. Concentrated markets, trade associations and distribution arrangements are where the risk most often arises.

We review competition-law risk in sales, pricing and distribution, and in contact with competitors, including through trade associations. We then prepare the organisation for a search: a written protocol, a trained response team, guidance for employees on devices and documents, and mock raids with a debrief.

The aim is calm, cooperative conduct during a search, with privilege protected and a full record of what was taken, so that counsel can advise on next steps, including whether the lesser-penalty regime is relevant.

When you need it

You operate in a concentrated market, or a regulator is examining your sector.

Signs we see most often

  • 01You operate in a concentrated market or a sector under the Commission's scrutiny.
  • 02Employees attend trade-association meetings with competitors.
  • 03Distribution agreements include territorial, pricing or exclusivity restrictions.
  • 04A competitor or peer has been searched.
  • 05Your teams have never rehearsed a search.
How we work

Scoped in writing, run by one accountable team.

Every engagement starts with agreed questions, a reporting line and a confidentiality protocol. The steps below are how this service usually runs; we adapt them to your matter.

  1. 01ReviewAssess competition-law risk in sales, pricing, distribution and contact with competitors.
  2. 02ProtocolWrite the search protocol for reception, IT, legal and leadership.
  3. 03TrainTrain the response team and give employees guidance on devices and documents.
  4. 04RehearseRun mock raids and debrief the team.
  5. 05SupportSupport on site during a real search, alongside counsel.
  6. 06LearnReview the response afterwards and update the protocol.
What you receive

A team that knows exactly what to do in the first hour of a search.

  • A competition-law risk review
  • A dawn-raid protocol and quick-reference cards
  • A trained response team
  • Mock-raid reports and lessons learned
  • Employee guidance on devices and documents
Standards

The law and frameworks this work is aligned to

  • Competition Act, 2002 ss.3 and 4
  • Competition Act, 2002 s.41 investigation and search powers
  • Competition Act, 2002 s.46 and the Commission's lesser-penalty regime
  • Competition (Amendment) Act, 2023

References show the standard the work is built to. They do not imply accreditation or endorsement by the bodies that publish them.

This is a summary of the service. For a deeper understanding of how it would work for your organisation, please reach out to us.

Talk to a BDI partner
FAQs

Questions clients ask before we start.

Can the Commission search without notice?

Yes. The Director General can conduct searches with the authorisation the Act requires, usually without warning. Preparation is what lets a business respond well.

Are trade-association meetings risky?

They can be. Discussing prices, capacity, customers or bids with competitors creates serious risk. A risk review sets rules for attendance, agendas and minutes.

What is a mock raid?

An unannounced rehearsal of a search, run by people playing the investigators. It tests whether the protocol works and where people need more guidance.

Start a confidential conversation

Tell us what you are seeing. We will tell you how we would find out.