Directions during a COFECE or IFT dawn raids.
- Ask the officials to show the “visit order” and wait for the legal representative to arrive (they will wait for the legal representative, but not for the external lawyer).
- Call and email your external competition lawyer immediately, providing all necessary details, including the address where the visit is taking place:
- In the meantime, verify the “visit order” and find out its purpose, specifically:
- The file number,
- The “investigated market”,
- The name of the visited company, and
- The type of conduct being investigated.
- Discuss with the officials: a. If they already know which employee offices they want to visit (they will usually request an organizational chart and a tour of the facilities); b. If they will be conducting a review of electronic records, so the company’s IT staff should be informed and their presence required; c. If they need to be assigned a meeting room to carry out their work.
- Ensure that the visit remains within the scope of its purpose (investigated market, investigated conduct, etc.).
- Answer the officials’ questions directed at your employees only in the presence of your in-house legal advisor or external competition lawyer.
- Assign as many employees as necessary to take note of all activities and records reviewed by the officials.
- Request a copy of the “visit report” and any physically copied documents;
- Ensure that the “visit report” details all activities carried out by the officials, including reviewed and copied equipment;
- Together with your external competition lawyer, decide on the relevant follow-up steps, such as: a. Internal communication, and b. External communication, and c. Necessary (internal) follow-up investigation.
