Solutions › Disputes & Investigations
Dawn Raid Advisory Services
Preparing for and responding during dawn raids has become increasingly challenging from an IT perspective because of hybrid working and the rapid adoption by businesses of cloud-based systems, including off-channel use of social media sites and chat messaging applications. This challenge has only further been complicated by expanded seizure powers granted under new regulations like the FSR, DMCC, etc. and broader rights granted to many competitions, tax, financial conduct, and other enforcement agencies located in EMEA, Asia Pacific and Latin America.
FTI Consulting provides a range of solutions throughout the lifecycle – from proactive readiness and compliance, on-the-ground support during a raid, to post-dawn raid strategy and case development – that help companies efficiently and cost-effectively respond to dawn raids with minimal disruption.
How we can help
Stakeholder Training
Practical training to ensure compliance with inspector’s requests, guidance on appropriately documenting inspector’s actions and data-related requests to mount a response post-raid, and proactive planning for potential complications including cross-border requests, hybrid working situations and accessing data stored on employees’ personal devices.
Mock Dawn Raids/ Internal Audits
Live role-play exercises or academic discussions with post-event assessment report detailing current capabilities and recommendations for improvement, led by FTI’s team, comprising forensic experts with experience at regulatory agencies conducting dawn raids.
Systems Assessments
Comprehensive assessment, data map and health check of the organization’s readiness to identify, access and collect data from systems, incorporating senior IT personnel interviews, data retention policies and data privacy requirements.
Process Transformation
Readiness playbooks, escalation processes and information governance process guidance help organizations effectively handle dawn raids and better manage data environments for additional legal and regulatory needs.
Support During the Raid
FTI’s dawn raid advisory team can provide on-the ground support during a raid to client IT teams and legal stakeholders on defensible approaches to exporting data from various systems, maintaining records of information seized by agencies, and general forensic support to assist in expediting this process to avoid undue delays. Response Strategy and Execution Quickly understand seized data and develop a response, leveraging FTI’s industry-leading discovery and fact finding solutions, including digital forensics, managed review, Relativity software and expert workflows. This includes identifying privileged or sensitive information for return under sealed envelope procedures.
Related Resources
White Paper
The 25 Data Trends Shaping Antitrust in 2025
Enforcement agencies increasingly rely on data to assess potential anticompetitive conduct during antitrust investigations and enforcement litigation. FTI Consulting’s data experts share their views on the top trends of the moment and the issues organizations and their outside counsel need to watch for as they navigate compliance, investigations and merger clearance in 2025.
Blog Post
ABA Event Highlights Growing Impact of ESG on Antitrust Risk and Compliance
The ABA hosted its 14th International Cartel Workshop in Lisbon, with roundtables and panels featuring cartel and antitrust practitioners and government enforcers from more than 20 countries. The speakers led participants through a hypothetical global cartel investigation exercise throughout the conference and provided their views of emerging developments and trends in global cartel enforcement.
Blog Post
Preparing for Increased Dawn Raid Activity in the U.K. and Europe
Authorities across the U.K. and Europe have indicated plans to step up oversight and enforcement across a range of regulations, particularly in the area of antitrust. This effort is already proving to include a surge in dawn raids—unannounced inspection by a regulator on suspicion of infringement—throughout 2022. In the months and year ahead, organisations will be under intensifying pressure to prepare for these inspections. This is prompting a renewed need for legal and compliance teams to review procedures and develop clearer understanding of their IT landscape so they can quickly respond to an inspector during an unannounced investigation.
Blog Post
How Cartel Investigations are Evolving Alongside Data and Technology Advancements
Ashley Brickles recently participated in a cartels workshop hosted by Concurrences, alongside speakers from Herbert Smith Freehills, the Court of Justice of the European Union (CJEU), General Electric and the European Commission department for competition (DG COMP). The panellists comprised a diverse set of backgrounds and perspectives, which provided for a lively and educational session that covered procedural changes in cartel investigations, privacy concerns that have arisen in competition proceedings and the extent of the Commission’s investigatory powers.