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BANGALORE � CHENNAI � NEW DELHI � GURGAON � HYDERABAD � MUMBAI �

ATLANTA � DUBAI � SINGAPORE � TOKYO � JEDDAH � RIYADH

Competition Commission of India conducts India’s

first dawn raid

3rd Floor, Tower-B, Technopolis Building,Sector-54, DLF Golf Course Road, Gurgaon - 122002, India

Tel: +91 124 4545222, Fax: +91 124 4375596 E-mail: gurgaon@kochhar.com

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Competition Commission of India conducts India’s first dawn raid

The Competition Commission of India (CCI) has conducted India’s first dawn

raid. The CCI raided offices of UK-based construction equipment maker JCB,

earlier today, in connection with a case of abuse of a dominant position. The

Indian Competition Act (Act) accords power to the Director General (DG) to

conduct such raids after obtaining a warrant from the chief metropolitan

magistrate.

The raid comes in light of an on-going investigation being conducted by the

DG, CCI against JCB India and its subsidiary JC Bamford Excavators for

abusing their dominant position in the market for construction equipment, by

restricting market access to competitors and restricting dealers by using unfair

and anti-competitive trade practices and arrangements.

It seems that JCB was not being co-operative in the DG’s investigation, and

thus the raid was conducted. The DG intends to thoroughly check the

documents and data obtained during the raid to assist with their investigation.

About Kochhar & Co.’s Dawn Raid Team

Kochhar & Co. offers a 24-hour legal service across India to clients facing dawn raids and

investigations from the Competition Commission of India (CCI). No matter where, no matter

when, Kochhar & Co. provides an immediate and structured dawn raid response saving their

clients time and money. In particular, we:

• draw on our ample resources across India to manage the dawn raid process and

mitigate the administrative burden for clients, freeing their time to focus on strategic

considerations;

• react in an immediate and coordinated manner to the first contact with any lawyer in

our network, and liaise with our established network of external law firms in

jurisdictions where we do not have an office;

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• arrange for investigating officials to be shadowed very closely to ensure full respect

of our clients' rights of defence, such as the non-disclosure of documents covered by

legal professional privilege, and to guide and reassure employees who are targeted for

investigation;

• work around the clock to gather evidence and documents, interview employees and

prepare detailed risk assessments, so that our clients have the best possible

information advantage when deciding whether to apply for immunity or leniency, and

the best possible chance of being "first in" to the enforcement agency with any such

application. Where potentially infringing conduct affects multiple jurisdictions, we

ensure that the information gathering process is both coordinated and efficient;

• advise on the leniency, immunity and settlement requirements that apply in

potentially relevant jurisdictions and how they interact with one another; and

• help clients with the development of their initial communication strategies to

minimise reputational harm with the business press, shareholders, customers and any

commercial partners.

We also work with clients to ensure that they are fully prepared for a dawn raid, by:

• providing comprehensive and tailored dawn raid guidelines to ensure that staff at all

levels of their organisation understand their respective roles, rights and obligations

during a dawn raid;

• conducting "mock" dawn raids on notice at clients' premises; and

• offering bespoke compliance training and education.

The antitrust / competition advisory practice of Kochhar & Co. is headed by Piyush Gupta.

Piyush has close to a decade of trans-national experience in the competition law regimes

across India and Singapore. Piyush is well-versed with the complexities of this relatively new

entrant in the Indian legal arena and has drafted the competition law compliance manuals and

guidelines for companies across various industries. Piyush has also conducted competition

law compliance audits for various corporates, in addition to providing training and holding

workshops on identification of issues pertaining to competition laws for the purposes of

various companies’ in-house legal counsels, as well as for various operational personnel,

such that competition law issues can be highlighted and dealt with on an immediate basis. In

this regard, you may contact Piyush Gupta at +91.124.454.5222 or email him at

piyush.gupta@kochhar.com.