EU Adviser Says Challenge To Dawn Raid Methods Dead End

Law360 (March 12, 2020, 9:15 PM EDT) -- The European Commission doesn't need extenuating circumstances to justify seizing data during a dawn raid to search through later off-premises, an adviser to the European Union's top court said Thursday.

Advocate General Juliane Kokott urged the European Court of Justice to dispense with an appeal by Nexans SA challenging the conduct of competition officials during a 2009 raid on the cable manufacturer that ultimately netted €302 million ($416 million) in fines against various cartel members.

As long as the taking of the data is an "intermediate step" in the analysis of its usefulness and the competition official has already judged it to...

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