Dawn raids are unannounced search and seizure operations conducted by the director general (DG) of the Competition Commission of India (CCI), or investigators acting under the DG’s authority in accordance with the Competition Act, 2002.
During an investigation, if the DG has “reasonable grounds to believe” that a company may destroy, mutilate, alter, falsify or conceal books and papers of the company, they may conduct dawn raids.
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Six dawn raids have been conducted by the DG so far, according to publicly available information. The first related to an allegation of abuse of dominance, but subsequent dawn raids arose from investigations on allegations of cartelization. The DG has been increasingly using dawn raids as an investigative tool to break apart cartels. This is evident from four dawn raids conducted during the past year, in all of which the DG was investigating allegations of the formation of cartels, and in which more than a dozen companies across India were raided.
Some dawn raids conducted by the DG were the result of leniency applications by cartel participants. Where such an application discloses to the CCI that cartels are in operation, a dawn raid ensures that the cartel participants do not tamper with information and documents that could be used as evidence.
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Karan Chandhiok is a partner and Lagna Panda is a senior associate at Chandhiok & Mahajan. Salman Qureshi, an associate, also contributed to the article.
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