The EU Court of Justice clarifies the ban of "fishing expeditions" during dawn raids (Deutsche Bahn)

Dawn raids – EU’s highest court prevents circumvention of the ban on using dawn raids for fishing expeditions* The Court of Justice of the European Union has now delivered its judgment in the Deutsche Bahn case. This case concerns important practical principles which govern the conduct of European Commission dawn raids (on-the-spot surprise inspections used to investigate possible infringements of the EU competition rules). In particular, the case focusses on what inspectors can do with documents that that they have found during an inspection which do not relate to the subject matter of their inspection, but indicate separate unrelated anti-competitive behaviour. Business should review their dawn raid procedures to ensure that they reflect the best practice established by this

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  • Latham & Watkins (Brussels)

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Peter Citron, The EU Court of Justice clarifies the ban of "fishing expeditions" during dawn raids (Deutsche Bahn), 18 June 2015, e-Competitions Bulletin June 2015, Art. N° 74050

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