Instructions for the internal contact person during an ACM dawn raid.
Dawn raid? Call us!
- Amsterdam area: +31 (0)6 232 994 54 or +31 (0)20-799 76 32 (Claudia Koken)
- Rotterdam area: +31 (0)6 466 127 08 or +31 (0)10-798 76 07 (Esther van Aalst)
Instructions during an ACM dawn raid
The Dutch Authority for Consumers and Markets (ACM) supervises compliance with the competition and consumer rules. The European Commission supervises compliance with the competition rules and coordinates investigations in the event of possible violations of consumer law. The Dutch Healthcare Authority (NZa) is charged with the enforcement of the Healthcare Market Regulation Act. In this context, officials of the ACM, the European Commission and the NZa have investigative powers. Among other things, they have the authority to make unannounced company visits, also known as dawn raids.
Start of the company visit
1. Call and email your external competition attorney immediately: see contact details here.
2. Ask the officials to wait with their (IT) investigation and with the questioning of employees until your external competition attorney has arrived;
3. Check and copy the ‘purpose of the investigation’;
4. Discuss with the officials prior to the investigation and possibly prior to the arrival of your external attorney:
a. Who will answer any questions on behalf of your company, and
b. Which employees the officials want to question, and
c. Whether the officials want to conduct a digital investigation so that your IT staff can be informed.
During the company visit
5. Make sure that the investigation remains within the scope of the purpose of the investigation. Your external attorney is vigilant of this;
6. Answer the officials’ questions directed to your employees only in the presence of your in-house legal advisor or external competition attorney.
At the end of the company visit
7. Request a copy of the documents copied;
8. Make a clear follow-up arrangement with the officials;
9. In the case of sealing: Check the seal before placing it and prevent it from breaking;
10. Together with your external competition attorney, decide on relevant follow-up steps, such as (i) the internal communication, and (ii) the external communication, and (iii) the necessary (internal) follow-up investigation.
If you have any questions contact us directly.