Strategic Insights Into Dawn Raids: A Crucial Tool In India's Anti-Trust Arsenal

In the Indian anti-trust law framework, the term "dawn raids" is a frequently used colloquial expression but not formally defined. Search and seizure of Documents In terms of Section 41 of the Competition Act, when the DG in course of investigation has "reasonable grounds to believe" that information, books, papers, other documents or records of, or relating to, any party or person, may be destroyed, mutilated, altered, falsified or secreted, the DG may make an application to the Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other documents or records. After considering the application filed under Section 41 of the Competition Act and hearing from the DG, the Chief Metropolitan Magistrate Delhi may by order authorise the DG: to enter, with such assistance, as may be required, the place or places where such information, books, papers, other documents are kept; to search that place or places in the manner specified in the order; and to seize information, books, papers, other documents or records as it considers necessary for the purpose of investigation. C. DAWN RAIDS IN INDIA In September 2014, the DG in India initiated the country's first dawn raid at the offices of JCB India Limited. Given that all businesses are subject to the scrutiny of CCI and the DG under the Competition Act for potential anti-competitive activities, it is essential to provide each employee the necessary dawn raid related training.