The “Mock Dawn Raid” interactive game as part of the “#15yearschallenge” conference
The interactive part of the conference on “Market power, competition, and antitrust regulation in Russia: #15yearschallenge” was a “Mock Dawn Raid,” the author and moderator of which was Yaroslav Kulik, partner and the head of the Сompetition Practice of ART DE LEX Law Firm.
Mr. Kulik outlined the structure and purpose of the game:
The format of the “Mock Dawn Raid” interactive game gave the conference participants an opportunity to answer several dozen practical questions that arise when antimonopoly authorities conduct unscheduled field inspections of business entities to determine their compliance with the antimonopoly legislation, especially in the case of a business that appears to be involved in a cartel.
ART DE LEX lawyers, together with the staff of the Russian Federal Antimonopoly Service, prevailed in several situations, including those based on real cases, in which both the staff of the business entity under scrutiny and the inspectors made legal mistakes. The task of the audience was to identify and explain the errors.
The participants analyzed the peculiarities and controversial situations that occurred as the antimonopoly authority’s inspectors made their way through the business center’s checkpoints and entered the premises of the audited business entity. They considered the actions of both the security company’s employees and the managers of the audited entity as they attempted to prevent the inspection. They examined the disputable situations that arose when inspectors copied information from electronic media and demanded access to the servers of the audited entity. Finally, they evaluated matters related to the inspectors’ acquisition of documents and information, the possibility of other legal entities being on the premises of the audited entity at the time of the raid, and the authority of the inspectors.