I want my lawyer! Dawn raid annulled to ensure access to lawyers

In October 2013, the FCA carried out dawn raids at the premises of six manufacturers of electronic home appliances in relation to an investigation into alleged resale price maintenance. During the dawn raids, the FCA prevented two companies, Darty and Samsung, from seeking the assistance of their external lawyers until after seals were affixed by the FCA to secure parts of the premises. 

According to the FCA, such a prohibition was necessary to ensure the efficiency of its investigation and to avoid any loss of evidence. The Court of Appeal's judgment cancelled the effect of the 2013 dawn raids on grounds that the FCA's conduct breached Darty's rights of defence.  The FCA was ordered to return to Darty all the documents it seized from Darty's premises and the FCA is prohibited from using copies of those documents in its investigation.

In a separate judgment regarding the same FCA investigation, on 4 May 2017, the French Supreme Court held that the FCA's dawn raid on Samsung were invalid also because the FCA refused to permit the company from making any external communications, including to its lawyers, during the initial stages of its raid.  

This judgment confirms that the right to request legal assistance in the context of a FCA raid is absolute and that that right cannot be withheld, even for a short period.

With thanks to Hélène Fricaudet of Ashurst for her contribution.