Competition and Antitrust Solutions
Epiq’s deep bench in Competition and Antitrust and Dawn Raid services can become your deep bench
Domestic and international regulators have demonstrated a keen and active interest in regulating a wide array of industries, including technology, healthcare and pharmaceuticals, energy, telecommunications and media, and others.
- Epiq has extensive experience and a deep bench of talent responding to requests for information from international regulatory bodies; we understand their data requirements and routinely advise our clients on best practices for compliance.
- Epiq’s dedicated competition and antitrust teams provide end-to-end services, including forensics, processing, analysis, review, and production through the strategic use of advanced analytics technologies and methods.
- As competition and antitrust matters become more global, Epiq is uniquely situated to quickly respond to client needs in any country and to manage projects involving multiple jurisdictions.
Epiq Antitrust/Competition Services
Mergers and Acquisitions
Epiq has unparalleled experience responding to requests by domestic and international regulatory agencies to collect, assess, and produce highly sensitive data relating to acquisitions and mergers. As a result of our extensive background handling Second Requests in the United States, Supplementary Information Requests (SIRs) in Canada, and competition investigations in the United Kingdom, European Union, Japan, China and other jurisdictions, clients entrust their most sensitive matters to Epiq. These projects are invariably high-profile, fast-moving, and critical to a company’s long-term success. Epiq works closely with our corporate clients and their outside counsel to utilize cost-efficient and defensible processes to meet case objectives.
Competition Litigation and Investigations
Epiq regularly supports clients in civil, criminal, and internal investigations involving alleged competition law violations. In addition, our dedicated teams have helped our clients to navigate complex litigation matters, including class actions and multi-district cases. We work closely with our clients to deploy technology strategically to identify key documents quickly and efficiently manage the assessment, review, and production of data. Our teams have familiarity with the negotiation of ESI protocols, and our global review teams understand and can identify competition law issues. Importantly, we can scale quickly to meet the changing demands of any case.
Epiq can help with end-to-end eDiscovery services for your antitrust or competition matters
Dawn Raid Support
As the Covid 19 pandemic subsides, strong evidence is emerging of an increase in ‘unannounced inspections’ – also known as ’dawn raids’ – by criminal and regulatory authorities around the world. Although perhaps most commonly associated with competition investigations, the range of scenarios in which dawn raids can be deployed is wide – embracing financial markets regulation; financial crime; data protection; and other areas.
Organisations of every size and in every industry have had to adjust to new working patterns, and the regulators have responded with various subtle – but important – changes in their approach. These include an increase in home visits driven by the trend toward remote working; greater likelihood of scrutiny of personal devices like smartphones and tablets; and a rise in ‘production orders’ requiring organisations to self-collect and disclose data. For example, the trend toward remote working means that a greater proportion of the evidence sought is likely to exist digitally than in hard copy – and personnel who may possess that data are more likely to hold it away from the workplace, leading to an increase in home visits. Authorities are more likely than ever before to scrutinise personal devices, such as smartphones and tablets. And they are more likely to issue production orders, requiring organisations to self-collect and disclose data,
It has never been more important for organisations to be prepared for dawn raids – but many either don’t have a plan outlining what to do when faced with an inspection, or have not updated their plans to reflect the changing dawn raid landscape. Further, many organisations don’t have a thorough understanding of their technology infrastructure, and often don’t know where the data resides that might be demanded by the authorities. As a result, organisations may unknowingly be exposed to a variety of risks, including:
- Inability to fulfil a request from the regulator within the required timescale;
- Difficulty in demonstrating that data has been identified and collected in a compliant manner; and
- ‘Over-sharing’ of information through disclosure of data that has not actually been requested.
Dawn raid readiness
Organisations need to review their preparedness for dawn raids by:
- Mapping their data
Understanding what information the company holds, how it flows through the organisation, who has physical or remote access to it, and where it is stored.
- Training participants
Training key individuals on what can happen during a raid – including active searches of premises, interviews, inquiries about data storage locations, and seizure of evidence
Taking those steps can be daunting – particularly if an organisation has not previously considered that it might be at risk of a dawn raid, or lacks personnel with prior experience of the process. Fortunately, Epiq is here to help.
If a dawn raid response plan needs to be prepared, validated or updated, our consultants can provide the necessary expertise. We can map a client’s data and prepare risk matrices.
We can create response documents outlining the steps that need to be taken, depending on the nature of the raid. And we can also lead immersive training exercises to test that the plans that have been documented will actually work in practice.
Finally, in the unfortunate event of a dawn raid actually happening, Epiq can provide comprehensive advice and assistance – interpreting and explaining the technical aspects of the ‘order’; supervising all forensic collections, whether physical or cloud-based; ensuring that data is collected within the appropriate regulatory guidelines; and collating a thorough and comprehensive list of all items seized or forensically imaged. If collections are from the cloud, we can even log in on the authorities’ behalf – eliminating the need to disclose credentials.
Dawn Raids can cause major disruption and require the expertise of legal counsel and relevant digital forensics experts to ensure that the interests of the company are protected.
Epiq’s forensic team members act as subject matter experts to assist the legal team in identifying electronic data that falls within the Search Order.
Epiq maintains a team of highly experienced experts who offer a compelling combination of deep regulatory knowledge and outstanding forensic IT skills. Our consultants know exactly what investigators will be looking for, and how they will look for it. To find out more, contact us on: email@example.com
We Take Data Security Seriously
We understand that the security and privacy of our clients’ information is paramount. That’s why we’ve invested in a layered and robust set of security controls and technology to protect your data. We are also committed to a culture of security mindfulness. All employees routinely undergo cybersecurity training to ensure that safeguarding information is a core practice in all that we do. In conclusion, we believe cyber security vigilance is all of our responsibility.
Epiq security controls and technology