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ARTICLE · 29 APRIL 2020

The Indian Perspective Of Attorney Client Privilege Over Documents Seized During Raids Under The Competition Act, 2002

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Dawn raids are conducted in a covert manner leaving no scope for the party under investigation to scuttle the search in any manner and not to give any opportunity to ‘sanitize' the records.

IndiaAntitrust/Competition Law
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THE INDIAN PERSPECTIVE OF ATTORNEY CLIENT PRIVILEGE OVER DOCUMENTS SEIZED DURING RAIDS UNDER THE COMPETITION ACT, 20021

The concept and the usage of 'Attorney client privilege' material/communication, specifically, post dawn raids have been established across the globe under antitrust investigations. However, the Indian regime has not yet laid down any principles.

Powers of the Director General under the Competition Act, 2002

Under Section 41 of the Competition Act, 2002 (Act) the Director General (DG) has been provided with the powers to enquire/investigate into anti-competitive agreement/abuse of dominance or regulating any combination, including the power to carry out raids.

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