Dawn Raids: Commission Issues Revised Guidance On Cooperation And Seizure Of Electronic Data

On 18 March 2013, the European Commission (the "Commission") issued revised guidance on the conduct of inspections at business premises of undertakings suspected of anticompetitive behaviour. The guidance interprets the scope of the Commission's powers of inspection as laid down in Article 20 of Council Regulation 1/2003 and revises them in recognition of a rapidly evolving 'e-work' environment. The revised guidance follows a series of recent cases relating to breach of dawn raid procedures, some of which are discussed below.

On 28 March 2012, the Commission imposed fines totalling €2.5 million on two Czech energy companies for obstructing an inspection carried out by Commission officials at their premises as part of an antitrust investigation. The companies failed to block an email account and diverted incoming emails, in breach of their obligations to cooperate with Commission officials during such inspections and to disclose all documents relevant to