competition commission of india conducts india’s first dawn raid - kochhar & co
Post on 28-Jul-2015
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Private and Confidential
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BANGALORE � CHENNAI � NEW DELHI � GURGAON � HYDERABAD � MUMBAI �
ATLANTA � DUBAI � SINGAPORE � TOKYO � JEDDAH � RIYADH
Competition Commission of India conducts India’s
first dawn raid
3rd Floor, Tower-B, Technopolis Building,Sector-54, DLF Golf Course Road, Gurgaon - 122002, India
Tel: +91 124 4545222, Fax: +91 124 4375596 E-mail: gurgaon@kochhar.com
Private and Confidential
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Competition Commission of India conducts India’s first dawn raid
The Competition Commission of India (CCI) has conducted India’s first dawn
raid. The CCI raided offices of UK-based construction equipment maker JCB,
earlier today, in connection with a case of abuse of a dominant position. The
Indian Competition Act (Act) accords power to the Director General (DG) to
conduct such raids after obtaining a warrant from the chief metropolitan
magistrate.
The raid comes in light of an on-going investigation being conducted by the
DG, CCI against JCB India and its subsidiary JC Bamford Excavators for
abusing their dominant position in the market for construction equipment, by
restricting market access to competitors and restricting dealers by using unfair
and anti-competitive trade practices and arrangements.
It seems that JCB was not being co-operative in the DG’s investigation, and
thus the raid was conducted. The DG intends to thoroughly check the
documents and data obtained during the raid to assist with their investigation.
About Kochhar & Co.’s Dawn Raid Team
Kochhar & Co. offers a 24-hour legal service across India to clients facing dawn raids and
investigations from the Competition Commission of India (CCI). No matter where, no matter
when, Kochhar & Co. provides an immediate and structured dawn raid response saving their
clients time and money. In particular, we:
• draw on our ample resources across India to manage the dawn raid process and
mitigate the administrative burden for clients, freeing their time to focus on strategic
considerations;
• react in an immediate and coordinated manner to the first contact with any lawyer in
our network, and liaise with our established network of external law firms in
jurisdictions where we do not have an office;
Private and Confidential
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• arrange for investigating officials to be shadowed very closely to ensure full respect
of our clients' rights of defence, such as the non-disclosure of documents covered by
legal professional privilege, and to guide and reassure employees who are targeted for
investigation;
• work around the clock to gather evidence and documents, interview employees and
prepare detailed risk assessments, so that our clients have the best possible
information advantage when deciding whether to apply for immunity or leniency, and
the best possible chance of being "first in" to the enforcement agency with any such
application. Where potentially infringing conduct affects multiple jurisdictions, we
ensure that the information gathering process is both coordinated and efficient;
• advise on the leniency, immunity and settlement requirements that apply in
potentially relevant jurisdictions and how they interact with one another; and
• help clients with the development of their initial communication strategies to
minimise reputational harm with the business press, shareholders, customers and any
commercial partners.
We also work with clients to ensure that they are fully prepared for a dawn raid, by:
• providing comprehensive and tailored dawn raid guidelines to ensure that staff at all
levels of their organisation understand their respective roles, rights and obligations
during a dawn raid;
• conducting "mock" dawn raids on notice at clients' premises; and
• offering bespoke compliance training and education.
The antitrust / competition advisory practice of Kochhar & Co. is headed by Piyush Gupta.
Piyush has close to a decade of trans-national experience in the competition law regimes
across India and Singapore. Piyush is well-versed with the complexities of this relatively new
entrant in the Indian legal arena and has drafted the competition law compliance manuals and
guidelines for companies across various industries. Piyush has also conducted competition
law compliance audits for various corporates, in addition to providing training and holding
workshops on identification of issues pertaining to competition laws for the purposes of
various companies’ in-house legal counsels, as well as for various operational personnel,
such that competition law issues can be highlighted and dealt with on an immediate basis. In
this regard, you may contact Piyush Gupta at +91.124.454.5222 or email him at
piyush.gupta@kochhar.com.
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