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ARTICLE · 22 DECEMBER 2014

Dawn Raids – When CCI (India) Comes Knocking?

On 22 September, 2014, the Director General, Competition Commission of India ("CCI"), conducted its first-ever ‘dawn-raid’ at the premises of M/s JCB India Ltd., an Indian subsidiary of a UK based construction company ("JCB"). According to news reports, the raid was conducted due to JCB’s alleged non co-operation in the process of investigation by the Director General ("DG") in an allegation of abuse of dominant position.

IndiaAntitrust/Competition Law

MM Sharma, Head Competition Law & Policy Practice, Vaish Associates, Advocates, New Delhi, India Email: [email protected]

On 22 September, 2014, the Director General, Competition Commission of India ("CCI"), conducted its first-ever 'dawn-raid' at the premises of M/s JCB India Ltd., an Indian subsidiary of a UK based construction company ("JCB"). According to news reports, the raid was conducted due to JCB's alleged non co-operation in the process of investigation by the Director General ("DG") in an allegation of abuse of dominant position. The Indian Competition Act, 2002 ("the Act") empowers the DG to conduct such raids after obtaining a warrant from the Chief Metropolitan Magistrate, Delhi.

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