• Correct behaviour during dawn raids

    If your company is suspected of infringing antitrust, criminal, or employment law, you could get an unexpected visit from the investigating authorities (“dawn raid”). These Guidelines provides with initial assistance in the event of dawn raids carried out by antitrust authorities, public prosecutors, tax authorities or customs authorities.

    Our Dawn Raid Guidelines provide answers to the most pressing questions and a guide to correct behaviour in dawn raid situations: What powers do the authorities have during a dawn raid? Where and what can be searched and what can be seized?

ANTITRUST AUTHORITIES

The antitrust authorities, i.e. in Germany the Federal Cartel Office, the regional competition authorities in the Federal States and the EU Commission have the task of detecting and prosecuting antitrust law infringements.

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PUBLIC PROSECUTORS

The detection and prosecution of criminal offences is the task of the public prosecutor usually supported by the police. The most frequent offences committed in business life which result in a dawn raid in particular include corruption offences, competition offences and embezzlement and breach of trust.

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TAX AUTHORITIES

The detection and prosecution of tax evasion is the task of the tax authorities, in particular the Tax Fraud Investigation Department and the Fines and Criminal Proceedings Department (Bustra).

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CUSTOMS AUTHORITIES

The detection and prosecution of illicit (undeclared) employment is the task of the customs authorities, more specifically the Office of Financial Control of Undeclared Employment (Finanzkontrolle Schwarzarbeit, “FKS”), which is in each case allocated to the competent regional main customs office.

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