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p. 52 of 62 BACK | NEXT Purpose and Structure of the Toolkit Overview of Practices Controlled by Competition Law Countries with Competition Law Systems Benefits of Competition Policy Practices Controlled by Competition Law Key Concepts and Tools Competition, Privatization, and Regulation Emerging Economies Enforcement Mechanisms Role of the Legislature, the Government and Ministers Independent Competition Authorities Accountable Competition Authorities Design of the Competition Authority Procedures of the Competition Authority Transparent Decision-Making Powers of the Competition Authority Sanctions Leniency Program Competition Law Compliance Programs Administrative Guidance Role of the Courts Miscellaneous Points ADB Resources and Projects Other Resources Glossary and List of Abbreviations

Competition Law Toolkit : Enforcement Mechanisms

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G. Powers of the Competition Authority

It is essential that the competition authority is given the powers it needs to investigate infringements of the law. Cartels are the prime target of competition law, and participants in them usually know perfectly well that what they are doing is illegal. For this reason, it is important that the competition authority should have effective powers to obtain information, in particular by being able to conduct so-called dawn raids, or unannounced inspection of business premises. An effective safeguard against excessive use of such powers is to make them exercisable only pursuant to a judicial warrant. These powers may need to be available in relation to residential homes as well as business premises, since the individuals responsible for cartels might decide to keep incriminating documents at home rather than in the office.

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