We have a long history of helping clients to navigate investigations and other regulatory interventions by the CMA and ASA.

Businesses may face investigations triggered by complaints from individuals or other businesses, or by the regulator’s own initiative. During an investigation the CMA has a raft of significant powers including sending information requests, making test purchases, observing the conduct of businesses, and carrying out unannounced inspections or dawn raids. 

We work with clients to take swift action to manage the risks and reach the best possible outcome. This may be closure of the investigation with no further action, reaching a settlement with undertakings or reduced fines, or fighting to the conclusion of the investigation.  

If you face an investigation by the CMA or ASA, our experts can help you to navigate the process and options:    

• Dawn raids: Unannounced inspections to seize documents and electronic data. Businesses need to prepare for these to ensure employees (including reception staff) are made familiar with practical steps to take in event of a dawn raid. External lawyers should always be contacted immediately.

• Early case assessment and management: Assessing the merits of an investigation early in the process is critical to inform the decision on whether to settle or fight, and to consider early and targeted responses which could prevent things being taken further by the authority.

• Dealing with interviews and information requests: These can be wide-ranging requests for interviews with employees or internal documents such as business records, reports and policies, details of customers or transactions, copies of customer complaints, information about consumer research and testing and other internal data. A hybrid ‘paper raid’ is also possible, involving rapid response times and a request from the authority to make documents available at the company premises within a few working days.

• Other practical steps: Businesses also need to take other practical steps such as preserving relevant documents and considering issues of confidentiality, data protection and privilege in any document collection and review.