The Dutch Competition authority (Nederlandse Mededingingsautoriteit, NMa) recently published dawn raid guidelines which include its procedure in both digital and analogue investigations. The new dawn raid guidelines take account of last year’s ruling by the District Court of The Hague against “fishing expeditions” by the NMa during dawn raids. The NMa has also introduced a “sealed envelope” procedure to further safeguard legally privileged documents during NMa dawn raids. If a company refuses to allow NMa officials to take a cursory look at a document because it considers it to be covered by legal privilege, the NMa inspector will place the document in a sealed envelope without having examined it and hand it to an independent NMa official, the “legal privilege officer”. The company subsequently has 10 business days to substantiate its legal privilege claim in writing to the legal privilege officer.
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New NMa dawn raid guidelines
- De Brauw Blackstone Westbroek
- Martijn Snoep, Marnix Somsen and Patrick Ploeger
- December 30 2010
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