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ARTICLE · 30 SEPTEMBER 2014

European Commission’s Broad Dawn Raid Powers Affirmed, But "Reasonable Grounds" For Suspecting An Infringement Required

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The European Court of Justice has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations.

European UnionAntitrust/Competition Law
Jones Day
Jones Day
Cecelia Kye
Cecelia Kye
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The European Court of Justice (ECJ) has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations. Nexans, one of ten companies being investigated, had argued that the geographic scope was overbroad and provided an insufficiently precise basis for justifying the Commission's "dawn raid" of documents relating to electric cable projects located outside the EU territory.

This ruling follows a General Court prior ruling that was the first time that a court had annulled (albeit partially) a Commission decision authorizing a dawn raid. (See Jones Day Antitrust Alert, European General Court Halts Dawn Raid "Fishing Expeditions," December 2012.)  The General Court then found that the Commission had not demonstrated it had reasonable grounds for ordering a dawn raid covering all electric cables.

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