Direct answer

The first hour of an antitrust inspection should focus on lawful cooperation, document/evidence preservation and disciplined internal coordination.

Employees should not destroy, hide or alter information, speculate to investigators, or create conflicting response channels. The company should identify the authority and scope, contact competition counsel, preserve relevant systems and record requests/actions.

The classification screen

5 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Check authority and legal basis

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
02

Check scope/products/entities named

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
03

Check documents/devices requested

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
04

Check employee interviews

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
05

Check parallel criminal/data issues

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Authority and legal basis
How does the matter involve authority and legal basis?
This operating fact can change the applicable legal route, evidence and next step.
Scope/products/entities named
How does the matter involve scope/products/entities named?
This operating fact can change the applicable legal route, evidence and next step.
Documents/devices requested
How does the matter involve documents/devices requested?
This operating fact can change the applicable legal route, evidence and next step.
Employee interviews
How does the matter involve employee interviews?
This operating fact can change the applicable legal route, evidence and next step.
Parallel criminal/data issues
How does the matter involve parallel criminal/data issues?
This operating fact can change the applicable legal route, evidence and next step.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Response contact treeInclude this in the compact fact file for review.
02Document hold protocolInclude this in the compact fact file for review.
03IT/system contactsInclude this in the compact fact file for review.
04Facility/access planInclude this in the compact fact file for review.
05Counsel/regulator communication logInclude this in the compact fact file for review.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

Sources last checked: