Contributed By Nysingh Advocaten-Notarissen N.V
In order to be able to control whether the ACM’s officials stay within the scope of their investigation, at an initial meeting at the start of the investigation counsel should request a copy of the ACM officials’ mandate and review whether its scope is sufficiently defined as to subject-matter. They should verify whether all ACM officials have proper identification and make appointments, for instance requiring that ACM officials must always be accompanied if they want to walk through the building or that no interviews will take place without attendance of a counsel. During the investigation itself, counsel can oversee the investigation by accompanying ACM officials that scan company documents or by ensuring that the legal privilege procedure is followed, and the officials stay within the scope of the investigation. Furthermore, during the investigation counsel should stay in contact with the company management permanently to evaluate the progress of the investigation, for instance in order to be able to decide whether the company should submit a request for leniency.
After the investigation at the premises, counsel should evaluate with the company what information the ACM discovered, what the possible consequences of that information are and what next steps should be taken.